49 U.S.C. § 5124 | Criminal penalty

(a)

In General .—

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)

Knowing Violations .—

For purposes of this section—

(1)

a person acts knowingly when—

(A)

the person has actual knowledge of the facts giving rise to the violation; or

(B)

a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and

(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)

Willful Violations .—

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

(1)

the person has knowledge of the facts giving rise to the violation; and

(2)

the person has knowledge that the conduct was unlawful.

(d)

Reckless Violations .—

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.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 781 Pub. L. 109–59, title VII, § 7121Aug. 10, 2005119 Stat. 1906(, , ; , , .)

Historical and Revision Notes
5124	49 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.

Historical and Revision Notes

5124

49 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

Pub. L. 109–59 section 5104(b) of this title2005— reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating 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.”