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18 USC CHAPTER 107 - SEAMEN AND STOWAWAYS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

.

-HEAD-

CHAPTER 107 - SEAMEN AND STOWAWAYS

-MISC1-

Sec.

2191. Cruelty to seamen.

2192. Incitation of seamen to revolt or mutiny.

2193. Revolt or mutiny of seamen.

2194. Shanghaiing sailors.

2195. Abandonment of sailors.

2196. Drunkenness or neglect of duty by seamen.

2197. Misuse of Federal certificate, license or document.

(2198. Repealed.)

2199. Stowaways on vessels or aircraft.

AMENDMENTS

1990 - Pub. L. 101-647, title XII, Sec. 1207(b), Nov. 29, 1990,

104 Stat. 4832, struck out item 2198 ''Seduction of female

passenger''.

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18 USC Sec. 2191 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

-HEAD-

Sec. 2191. Cruelty to seamen

-STATUTE-

Whoever, being the master or officer of a vessel of the United

States, on the high seas, or on any other waters within the

admiralty and maritime jurisdiction of the United States, flogs,

beats, wounds, or without justifiable cause, imprisons any of the

crew of such vessel, or withholds from them suitable food and

nourishment, or inflicts upon them any corporal or other cruel and

unusual punishment, shall be fined under this title or imprisoned

not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 482 and section 712 of

title 46, U.S.C., 1940 ed., Shipping (Dec. 21, 1898, ch. 28, Sec.

22, 30 Stat. 761; Mar. 4, 1909, ch. 321, Sec. 291, 35 Stat. 1145).

Section consolidates section 482 of title 18, U.S.C., 1940 ed.,

and the following language from section 712 of title 46, U.S.C.,

1940 ed., Shipping, prohibiting flogging and corporal punishment:

''and any master or other officer thereof who shall violate the

aforesaid provisions of this section, or either thereof, shall be

deemed guilty of a misdemeanor, punishable by imprisonment for not

less than three months nor more than two years.'' That language was

the basis for the addition of the word ''flogs'' and the words

''any corporal or other'' for the word ''any.'' The punishment

imposed by section 482 was adopted as that was the later statute as

incorporated in 1909 Criminal Code.

Words ''shall be deemed guilty of a misdemeanor,'' contained in

said section 712 of title 46, were omitted in view of definitive

section 1 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 11507.

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18 USC Sec. 2192 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

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Sec. 2192. Incitation of seamen to revolt or mutiny

-STATUTE-

Whoever, being of the crew of a vessel of the United States, on

the high seas, or on any other waters within the admiralty and

maritime jurisdiction of the United States, endeavors to make a

revolt or mutiny on board such vessel, or combines, conspires, or

confederates with any other person on board to make such revolt or

mutiny, or solicits, incites, or stirs up any other of the crew to

disobey or resist the lawful orders of the master or other officer

of such vessel, or to refuse or neglect his proper duty on board

thereof, or to betray his proper trust, or assembles with others in

a tumultuous and mutinous manner, or makes a riot on board thereof,

or unlawfully confines the master or other commanding officer

thereof, shall be fined under this title or imprisoned not more

than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 483 (Mar. 4, 1909, ch.

321, Sec. 292, 35 Stat. 1146).

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

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18 USC Sec. 2193 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

-HEAD-

Sec. 2193. Revolt or mutiny of seamen

-STATUTE-

Whoever, being of the crew of a vessel of the United States, on

the high seas, or on any other waters within the admiralty and

maritime jurisdiction of the United States, unlawfully and with

force, or by fraud, or intimidation, usurps the command of such

vessel from the master or other lawful officer in command thereof,

or deprives him of authority and command on board, or resists or

prevents him in the free and lawful exercise thereof, or transfers

such authority and command to another not lawfully entitled

thereto, is guilty of a revolt and mutiny, and shall be fined under

this title or imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 484 (Mar. 4, 1909, ch.

321, Sec. 293, 35 Stat. 1146).

Punishment provision for mandatory fine and imprisonment was

rephrased in the alternative so as to vest power in the court to

impose either a fine, or imprisonment, or both, in its discretion.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

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18 USC Sec. 2194 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

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Sec. 2194. Shanghaiing sailors

-STATUTE-

Whoever, with intent that any person shall perform service or

labor of any kind on board of any vessel engaged in trade and

commerce among the several States or with foreign nations, or on

board of any vessel of the United States engaged in navigating the

high seas or any navigable water of the United States, procures or

induces, or attempts to procure or induce, another, by force or

threats or by representations which he knows or believes to be

untrue, or while the person so procured or induced is intoxicated

or under the influence of any drug, to go on board of any such

vessel, or to sign or in anywise enter into any agreement to go on

board of any such vessel to perform service or labor thereon; or

Whoever knowingly detains on board of any such vessel any person

so procured or induced to go on board, or to enter into any

agreement to go on board, by any means herein defined -

Shall be fined under this title or imprisoned not more than one

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 144 (Mar. 4, 1909, ch.

321, Sec. 82, 35 Stat. 1103).

Reference to persons aiding or abetting was omitted as

unnecessary as such persons are made principals by section 2 of

this title.

Minor changes were made in phraseology and arrangement.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000'' in last par.

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18 USC Sec. 2195 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

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Sec. 2195. Abandonment of sailors

-STATUTE-

Whoever, being master or commander of a vessel of the United

States, while abroad, maliciously and without justifiable cause

forces any officer or mariner of such vessel on shore, in order to

leave him behind in any foreign port or place, or refuses to bring

home again all such officers and mariners of such vessel whom he

carried out with him, as are in a condition to return and willing

to return, when he is ready to proceed on his homeward voyage,

shall be fined under this title or imprisoned not more than six

months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 801; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 486 (Mar. 4, 1909, ch.

321, Sec. 295, 35 Stat. 1146).

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

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18 USC Sec. 2196 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

-HEAD-

Sec. 2196. Drunkenness or neglect of duty by seamen

-STATUTE-

Whoever, being a master, officer, radio operator, seaman,

apprentice or other person employed on any merchant vessel, by

willful breach of duty, or by reason of drunkenness, does any act

tending to the immediate loss or destruction of, or serious damage

to, such vessel, or tending immediately to endanger the life or

limb of any person belonging to or on board of such vessel; or, by

willful breach of duty or by neglect of duty or by reason of

drunkenness, refuses or omits to do any lawful act proper and

requisite to be done by him for preserving such vessel from

immediate loss, destruction, or serious damage, or for preserving

any person belonging to or on board of such ship from immediate

danger to life or limb, shall be imprisoned not more than one year.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 801.)

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HISTORICAL AND REVISION NOTES

Based on section 704 of title 46, U.S.C., 1940 ed., Shipping

(R.S. Sec. 4602).

Words ''officer, radio operator,'' and ''or other person employed

on'' were inserted at beginning of section to insure clarity and

scope of section. Section 701 of title 46, U.S.C., 1940 ed.,

Shipping, is very similar to this section as revised, and has been

applied to mates (Morris v. Cornell, D.C. Mass. 1843, Fed. Cas.

No. 9,829; Gladding v. Constant, D.C. Mass. 1844, Fed. Cas. No.

5,468; Foye v. Dabney, D.C. Mass. 1853, Fed. Cas. No. 5,022; Foye

v. Lickie, D.C. Mass. 1853, Fed. Cas. No. 5,023; The Sylvia De

Grasse, D.C.N.Y. 1843, Fed. Cas. No. 12,676; The Sadie C. Sumner,

D.C. Mass. 1905, 142 F. 611), as well as engineers, assistant

engineers and cooks. (See notes of decisions under section 701, of

title 46, U.S.C., Shipping.)

Words ''be guilty of a misdemeanor'' were omitted as unnecessary

in view of general definition of ''misdemeanor'' in section 1 of

this title.

Minor changes were made in phraseology including substitution of

''one year'' for ''twelve months'' at end of section.

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18 USC Sec. 2197 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

-HEAD-

Sec. 2197. Misuse of Federal certificate, license or document

-STATUTE-

Whoever, not being lawfully entitled thereto, uses, exhibits, or

attempts to use or exhibit, or, with intent unlawfully to use the

same, receives or possesses any certificate, license, or document

issued to vessels, or officers or seamen by any officer or employee

of the United States authorized by law to issue the same; or

Whoever, without authority, alters or attempts to alter any such

certificate, license, or document by addition, interpolation,

deletion, or erasure; or

Whoever forges, counterfeits, or steals, or attempts to forge,

counterfeit, or steal, any such certificate, license, or document;

or unlawfully possesses or knowingly uses any such altered,

changed, forged, counterfeit, or stolen certificate, license, or

document; or

Whoever, without authority, prints or manufactures any blank form

of such certificate, license, or document, or

Whoever possesses without lawful excuse, and with intent

unlawfully to use the same, any blank form of such certificate,

license, or document; or

Whoever, in any manner, transfers or negotiates such transfer of,

any blank form of such certificate, license, or document, or any

such altered, forged, counterfeit, or stolen certificate, license,

or document, or any such certificate, license, or document to which

the party transferring or receiving the same is not lawfully

entitled -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 801; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 710a of title 46, U.S.C., 1940 ed., Shipping

(June 25, 1936, ch. 816, Sec. 6, 49 Stat. 1936).

The phrase ''the Bureau of Marine Inspection and Navigation,''

identifying the agency issuing the certificate, license or

document, was omitted without change of substance. The functions

of the Bureau of Marine Inspection and Navigation were transferred

to the Bureau of Customs and the Coast Guard by Executive Order

9083 Feb. 28, 1942, title 50, App. U.S.C., 1940 ed., following Sec.

601. Such transfer is temporary under section 621 of title 50,

App., U.S.C., 1940 ed. (First War Powers Act).

As revised the section is broad enough to embrace certificates,

licenses and documents issued by the officers or employees of the

Coast Guard and Customs Service, as the case may be.

Reference to persons causing, procuring, aiding or abetting was

omitted as such persons are principals under section 2 of this

title.

Words ''upon conviction thereof'' were omitted as unnecessary,

since punishment cannot be imposed until a conviction is secured.

Changes were made in phraseology and arrangement.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

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18 USC Sec. 2198 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

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(Sec. 2198. Repealed. Pub. L. 101-647, title XII, Sec. 1207(b),

Nov. 29, 1990, 104 Stat. 4832)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 802, related to

penalties for seducing a female passenger on an American vessel by

employees of the vessel.

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18 USC Sec. 2199 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 107 - SEAMEN AND STOWAWAYS

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Sec. 2199. Stowaways on vessels or aircraft

-STATUTE-

Whoever, without the consent of the owner, charterer, master, or

person in command of any vessel, or aircraft, with intent to obtain

transportation, boards, enters or secretes himself aboard such

vessel or aircraft and is thereon at the time of departure of said

vessel or aircraft from a port, harbor, wharf, airport or other

place within the jurisdiction of the United States; or

Whoever, with like intent, having boarded, entered or secreted

himself aboard a vessel or aircraft at any place within or without

the jurisdiction of the United States, remains aboard after the

vessel or aircraft has left such place and is thereon at any place

within the jurisdiction of the United States; or

Whoever, with intent to obtain a ride or transportation, boards

or enters any aircraft owned or operated by the United States

without the consent of the person in command or other duly

authorized officer or agent -

Shall be fined under this title or imprisoned not more than one

year, or both.

The word ''aircraft'' as used in this section includes any

contrivance for navigation or flight in the air.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 469-474 (June 11, 1940,

ch. 326, Sec. 1-3, 54 Stat. 306; Mar. 4, 1944, ch. 82, Sec. 1-4, 58

Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188).

Sections consolidated and rewritten with changes of phraseology

and substance.

In section 469 of title 18, U.S.C., 1940 ed., the element of

intent not to pay for transportation was omitted as unnecessary

since the payment of transportation will invariably remove the

stowaway from the operation of the section by purchasing the

master's ''consent''.

In section 472 of title 18, U.S.C., 1940 ed., the enumerations of

State, Territory, Possession, District of Columbia, and The Canal

Zone, was omitted as adequately covered by ''place within the

jurisdiction of the United States.''

The punishment provision is the same as in sections 470, 472, and

473 of title 18, U.S.C., 1940 ed., but the fine is $500 more than

the maximum fine provided by said section 469. There seemed no

point, however, in preserving a differential in favor of the

stowaway as against the aider and abettor of $500. The court can be

trusted to exercise a wise discretion within the slightly larger

limits provided by the revised section.

The provision for punishment of aiders and abettors in section

470 of title 18, U.S.C., 1940 ed., was omitted as unnecessary since

they are punishable as principals by section 2 of this title.

Sections 471 and 474 of title 18, U.S.C., 1940 ed., were omitted

as obviously unnecessary.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000'' in fourth par.

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