§ 545. — Smuggling goods into the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC545]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 27--CUSTOMS
Sec. 545. Smuggling goods into the United States
Whoever knowingly and willfully, with intent to defraud the United
States, smuggles, or clandestinely introduces or attempts to smuggle or
clandestinely introduce into the United States any merchandise which
should have been invoiced, or makes out or passes, or attempts to pass,
through the customhouse any false, forged, or fraudulent invoice, or
other document or paper; or
Whoever fraudulently or knowingly imports or brings into the United
States, any merchandise contrary to law, or receives, conceals, buys,
sells, or in any manner facilitates the transportation, concealment, or
sale of such merchandise after importation, knowing the same to have
been imported or brought into the United States contrary to law--
Shall be fined under this title or imprisoned not more than five
years, or both.
Proof of defendant's possession of such goods, unless explained to
the satisfaction of the jury, shall be deemed evidence sufficient to
authorize conviction for violation of this section.
Merchandise introduced into the United States in violation of this
section, or the value thereof, to be recovered from any person described
in the first or second paragraph of this section, shall be forfeited to
the United States.
The term ``United States'', as used in this section, shall not
include the Virgin Islands, American Samoa, Wake Island, Midway Islands,
Kingman Reef, Johnston Island, or Guam.
(June 25, 1948, ch. 645, 62 Stat. 716; Aug. 24, 1954, ch. 890, Sec. 1,
68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, Sec. 507, 68 Stat. 1141;
June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242; Pub. L. 103-322, title
XXXII, Sec. 320903(c), title XXXIII, Secs. 330004(18), 330016(1)(L),
Sept. 13, 1994, 108 Stat. 2125, 2142, 2147; Pub. L. 104-294, title VI,
Sec. 604(b)(23), Oct. 11, 1996, 110 Stat. 3508.)
Historical and Revision Notes
Based on section 1593 of title 19, U.S.C., 1940 ed., Customs Duties
(June 17, 1930, ch. 497, title IV, Sec. 593, 46 Stat. 751).
Reference in first paragraph to aiders, contained in words ``his,
her, or their aiders and abettors'' was omitted as unnecessary since
such persons are made principals by section 2 of this title. For the
same reason words ``or assists in so doing'' in second paragraph were
deleted.
Words ``shall be deemed guilty of a misdemeanor,'' in first
paragraph were omitted in view of definition of misdemeanor in section 1
of this title.
Conviction provision in first paragraph reading ``and on conviction
thereof'' was deleted as surplusage since punishment cannot be imposed
until a conviction is secured.
Minimum punishment provision ``nor less than $50'' in second
paragraph was deleted.
Forfeiture provision was rephrased to make it clear that forfeiture
was not dependent upon conviction.
The final paragraph was added to conform with section 1709 of title
19, U.S.C., 1940 ed.
Changes were made in phraseology.
Amendments
1996--Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18). See
1994 Amendment note below.
1994--Pub. L. 103-322, Sec. 330016(1)(L), substituted ``fined under
this title'' for ``fined not more than $10,000'' in third par.
Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,
Sec. 604(b)(23), struck out ``Philippine Islands,'' before ``Virgin
Islands'' in last par.
Pub. L. 103-322, Sec. 320903(c), inserted ``or attempts to smuggle
or clandestinely introduce'' after ``clandestinely introduces'' in first
par.
1955--Act June 30, 1955, inserted reference to Johnston Island.
1954--Act Sept. 1, 1954, permitted forfeiture of value of
merchandise imported in violation of section.
Act Aug. 24, 1954, increased fine from $5,000 to $10,000 and
imprisonment from two years to five years.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1955 Amendment
Amendment by act June 30, 1955, effective July 1, 1955, see section
2(d) of act June 30, 1955, set out as a note under section 1401 of Title
19, Customs Duties.
Effective Date of 1954 Amendment
Section 2 of act Aug. 24, 1954, provided that: ``The amendments made
by the first section of this Act [amending this section] shall apply
only with respect to offenses committed on and after the date of the
enactment of this Act [Aug. 24, 1954].''
Section Referred to in Other Sections
This section is referred to in sections 981, 982, 1956 of this
title; title 21 section 967; title 31 section 9703.