§ 5124 - Criminal penalty

CHAPTER 51— TRANSPORTATION OF HAZARDOUS MATERIAL

(a) A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.

(b) For purposes of this section—

(b)(1) a person acts knowingly when—

(b)(1)(A) the person has actual knowledge of the facts giving rise to the violation; or

(b)(1)(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and

(b)(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.

(c) For purposes of this section, a person acts willfully when—

(c)(1) the person has knowledge of the facts giving rise to the violation; and

(c)(2) the person has knowledge that the conduct was unlawful.

(d) For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 512449 App.:1809(b).Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.

Editorial Notes

Amendments

2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”