US (United States) Code. Title 46. Subtitle II: Part G. Chapter 115: Offenses and penalties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

46 USC CHAPTER 115 - OFFENSES AND PENALTIES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

CHAPTER 115 - OFFENSES AND PENALTIES

-MISC1-

Sec.

11501. Penalties for specified offenses.

11502. Entry of offenses in logbook.

11503. Duties of consular officers related to

insubordination.

11504. Enforcement of forfeitures.

11505. Disposal of forfeitures.

11506. Carrying sheath knives.

11507. Surrender of offending officers.

-End-

-CITE-

46 USC Sec. 11501 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11501. Penalties for specified offenses

-STATUTE-

When a seaman lawfully engaged commits any of the following

offenses, the seaman shall be punished as specified:

(1) For desertion, the seaman forfeits any part of the money or

property the seaman leaves on board and any part of earned wages.

(2) For neglecting or refusing without reasonable cause to join

the seaman's vessel or to proceed to sea in the vessel, for

absence without leave within 24 hours of the vessel's sailing

from a port (at the beginning or during the voyage), or for

absence without leave from duties and without sufficient reason,

the seaman forfeits from the seaman's wages not more than 2 days'

pay or a sufficient amount to defray expenses incurred in hiring

a substitute.

(3) For quitting the vessel without leave after the vessel's

arrival at the port of delivery and before the vessel is placed

in security, the seaman forfeits from the seaman's wages not more

than one month's pay.

(4) For willful disobedience to a lawful command at sea, the

seaman, at the discretion of the master, may be confined until

the disobedience ends, and on arrival in port forfeits from the

seaman's wages not more than 4 days' pay or, at the discretion of

the court, may be imprisoned for not more than one month.

(5) For continued willful disobedience to lawful command or

continued willful neglect of duty at sea, the seaman, at the

discretion of the master, may be confined, on water and 1,000

calories, with full rations every 5th day, until the disobedience

ends, and on arrival in port forfeits, for each 24 hours'

continuance of the disobedience or neglect, not more than 12

days' pay or, at the discretion of the court, may be imprisoned

for not more than 3 months.

(6) For assaulting a master, mate, pilot, engineer, or staff

officer, the seaman shall be imprisoned for not more than 2

years.

(7) For willfully damaging the vessel, or embezzling or

willfully damaging any of the stores or cargo, the seaman

forfeits from the seaman's wages the amount of the loss sustained

and, at the discretion of the court, may be imprisoned for not

more than 12 months.

(8) For smuggling for which a seaman is convicted causing loss

or damage to the owner or master, the seaman is liable to the

owner or master for the loss or damage, and any part of the

seaman's wages may be retained to satisfy the liability. The

seaman also may be imprisoned for not more than 12 months.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 582.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11501 46:701

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Section 11501 provides penalties for specific offenses committed

by seamen.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11502 of this title.

-End-

-CITE-

46 USC Sec. 11502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11502. Entry of offenses in logbook

-STATUTE-

(a) When an offense listed in section 11501 of this title is

committed, an entry shall be made in the vessel's official logbook

-

(1) on the day of the offense;

(2) stating the details;

(3) signed by the master; and

(4) signed by the chief mate or another seaman.

(b) Before arrival in port if the offense was committed at sea,

or before departure if the offense was committed in port and the

offender is still on the vessel -

(1) the entry shall be read to the offender;

(2) the offender shall be given a copy; and

(3) the offender shall be given the opportunity to reply.

(c) After subsection (b) of this section has been complied with,

an entry shall be made in the official logbook -

(1) stating that the entry about the offense was read and a

copy provided to the offender;

(2) stating the offender's reply;

(3) signed by the master; and

(4) signed by the chief mate or another seaman.

(d) In a subsequent legal proceeding, if the entries required by

this section are not produced or proved, the court may refuse to

receive evidence of the offense.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 583.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11502 46:702

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Section 11502 describes the manner in which offenses must be

recorded in the official logbook, and the use of the records by the

court.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11301 of this title.

-End-

-CITE-

46 USC Sec. 11503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11503. Duties of consular officers related to insubordination

-STATUTE-

(a) A consular officer shall use every means to discountenance

insubordination on vessels of the United States, including

employing the aid of local authorities.

(b) When a seaman is accused of insubordination, a consular

officer shall inquire into the facts and proceed as provided in

section 11106 of this title. If the consular officer discharges the

seaman, the officer shall endorse the agreement required by this

part and enter in the vessel's official logbook the cause and

particulars of the discharge.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 583.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11503 46:703

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Section 11503 delegates to consular officers certain

responsibilities related to insubordination of seamen on United

States vessels.

-End-

-CITE-

46 USC Sec. 11504 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11504. Enforcement of forfeitures

-STATUTE-

When an offense by a seaman also is a criminal violation, it is

not necessary that a criminal proceeding be brought to enforce a

forfeiture.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11504 46:705

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Section 11504 provides that when a seaman has committed a

criminal offense, a forfeiture may be enforced through civil

proceedings.

-End-

-CITE-

46 USC Sec. 11505 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11505. Disposal of forfeitures

-STATUTE-

(a) Money, property, and wages forfeited under this chapter for

desertion may be applied to compensate the owner or master of the

vessel for expenses caused by the desertion. The balance shall be

transferred to the appropriate district court of the United States

when the voyage is completed.

(b) If it appears to the district court that the forfeiture was

imposed properly, the property transferred may be sold in the same

manner prescribed for the disposition of the property of deceased

seamen. The court shall deposit in the Treasury as miscellaneous

receipts the proceeds of the sale and any money and wages

transferred to the court.

(c) When an owner or master fails to transfer the balance as

required under subsection (a) of this section, the owner or master

is liable to the United States Government for a civil penalty of 2

times the amount of the balance, recoverable by the Secretary in

the same manner that seaman's wages are recovered.

(d) In all other cases of forfeiture of wages, the forfeiture

shall be for the benefit of the owner of the vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584; Pub. L. 103-206, title

IV, Sec. 421, Dec. 20, 1993, 107 Stat. 2438.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11505 46:706

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Section 11505 provides for the disposal of wages forfeited by

deserting seamen.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 421(1), substituted

"The balance shall be transferred to the appropriate district court

of the United States when the voyage is completed." for "The

balance shall be transferred to the Secretary when the voyage is

completed, as prescribed by the Secretary."

Subsec. (b). Pub. L. 103-206, Sec. 421(2), struck out at

beginning "Within one month of receiving the balance under

subsection (a) of this section, the Secretary shall transfer the

balance to the appropriate district court of the United States."

-End-

-CITE-

46 USC Sec. 11506 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11506. Carrying sheath knives

-STATUTE-

A seaman in the merchant marine may not wear a sheath knife on

board a vessel without the consent of the master. The master of a

vessel of the United States shall inform each seaman of this

prohibition before engagement. A master failing to advise a seaman

is liable to the United States Government for a civil penalty of

$50.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11506 46:710

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Section 11506 prohibits a merchant seaman from carrying a sheath

knife without permission of the master, and penalizes a master who

does not advise a seaman of this provision.

-End-

-CITE-

46 USC Sec. 11507 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 115 - OFFENSES AND PENALTIES

-HEAD-

Sec. 11507. Surrender of offending officers

-STATUTE-

When an officer of a vessel of the United States (except the

master) has violated section 2191 of title 18, and the master has

actual knowledge of the offense or if complaint is made within 3

days after reaching port, the master shall surrender the offending

officer to the proper authorities. If the master fails to use

diligence to comply with this section and the offender escapes, the

owner, the master, and the vessel are liable for damages to the

individual unlawfully punished.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 584.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11507 46:712

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Section 11507 requires a master of a vessel of the United States

to surrender to the proper authorities any officer who has violated

section 2191 of title 18 (which provides a penalty for cruelty to

seamen by officers), and penalizes the master for noncompliance.

-End-

-CITE-

46 USC Part H - Identification of Vessels 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

-HEAD-

PART H - IDENTIFICATION OF VESSELS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2101 of this title.

-End-