Reform of the Federal Criminal Laws

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(nnn) The first sentence of section 4607 of the Revised Statutes, as amended (6 U.S.C. 709), is amended by striking out all after "such offense" and inserting in lieu thereof the following: ", be guilty of a 4 misdemeanor, except that the maximum fine shall be $50, and the 5 maximum prison term shall be three months."

(000) Section 4610 of the Revised Statutes, as amended (46 U.S.C. 7 711), is amended by striking out "and if a conviction is had, and the

sum imposed as a penalty by the court is not paid either immediately 9 after the conviction, or within such period as the court at the time of conviction appoints, it shall be lawful for the court to commit the offender to prison, there to be imprisoned for the term provided in case of such offense, the commitment to be terminable upon payment of the amount and costs;”, and by striking out “offense” and “offender” each 14 place they appear and inserting in lieu thereof "violation" and "viola15 tor", respectively.

(ppp) Section 4611 of the Revised Statutes, as amended (46 U.S.C. 17 712), is amended by striking out "2191” and inserting in lieu thereof

"2-7C2 or 2-7D3".

(qqq) Section 2 of the Act of August 1, 1912 (46 U.S.C. 728), is amended by striking out all after "upon conviction," and inserting in lieu thereof "be guilty of a Class E felony."

(rrr) (1) Section 3(b) of the Act of June 25, 1936 (46 U.S.C. 23 738b (b)), is amended to read as follows:

"(b) Any owner or operating agent who violates this section shall be guilty of a regulatory offense under section 2-8F6 of title 18, United States Code."

(2) Section 4(b) of such Act (46 U.S.C. 738c (b)) is amended to read as follows:

"(b) If the master of any such ship fails to comply with this section, he shall be guilty of a regulatory offense under section 2-8F6 of title 18, United States Code."

(sss) (1) The last paragraph of section 9 of the Shipping Act, 33 1916, as amended (46 U.S.C. 808), is amended by striking out all 34 after "shall be guilty of" and inserting in lieu thereof "a Class

E felony, except that the maximum fine shall be $5,000."

(2) The last paragraph of section 14 of such Act, as amended (46 U.S.C. 812), is amended by striking out "shall be guilty of a 38 misdemeanor punishable by not more than $25,000 for each such 39 offense" and inserting in lieu thereof “shall be guilty of a violation, 40 except that the maximum penalty shall be $25,000”.

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(3) The last two paragraphs of section 16 of such Act (46 U.S.C. 815) are amended to read as follows:

"A violation of paragraph First or Third is a violation, except that the maximum fine shall be $5,000. Violation of any other provision shall be grounds for a civil penalty of not more than $1,000 for each day such violation continues."

(4) The last sentence of section 21 of such Act, as amended (46 U.S.C. 820), is repealed.

(5) Section 32 of such Act (46 U.S.C. 831) is amended by striking out all after "guilty of" and inserting in lieu thereof "a misdemeanor, except that the maximum fine shall be $5,000."

(6) Section 37 of such Act, as amended (46 U.S.C. 835), is amended by striking out ", or attempts or conspires to violate,".

(7) Section 38 of such Act, as amended (46 U.S.C. 836), is amended by striking out "offenses against" and inserting in lieu thereof "vio. lations of".

(8) Section 40 of such Act, as amended (46 U.S.C. 838), is amended by striking out the second paragraph.

(9) Section 41 of such Act, as amended (46 U.S.C. 839), is amended by striking out the second paragraph.

(ttt) (1) The last sentence of section 3 of the Act of July 7, 22 1960 (46 U.S.C. 817b), is amended by striking out all after "shall" and inserting in lieu thereof "be guilty of a violation, except that a fine of not less than $500 nor more than $10,000 shall be imposed for each such violation at the discretion of the court."

(2) The last sentence of section 4 of such Act (46 U.S.C. 817c) is amended by striking out all after "shall" and inserting in lieu thereof "be guilty of a violation, except that a fine of not less than $500 nor more than $10,000 shall be imposed for each such violation at the discretion of the court."

(uuu) Subsection J (b) of section 30 of the Act of June 5, 1920 (46 U.S.C. 941 (b)), is amended—

(1) by striking out “and if the mortgagor is a corporation or association,"; " and

(2) by striking out "held guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than 2 years, or both" and inserting in lieu thereof "guilty of a Class E felony".

(vvv) The first section of the Act of February 6, 1941 (46 U.S.C. 1119a), is amended by striking out the next to the last proviso thereof.

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(www) (1) Section 302(e) of the Act of June 29, 1936, as amended (46 U.S.C. 1132(e)), is amended by striking out "be fined $50 for each

person so employed" and inserting in lieu thereof "be guilty of a vio4 lation for each person so employed, except that a fine of $50 for each such person shall be imposed".

(2) Section 601 (b) of such Act, as amended (46 U.S.C. 1171 (b)), is amended by striking out the last sentence.

(3) Section 807 of such Act (46 U.S.C. 1225) is amended by strik9 ing out "misdemeanor" and inserting in lieu thereof "regulatory 10 offense under section 2-8F6 of title 18, United States Code".

(4) Section 806(b) of such Act (46 U.S.C. 1228 (b)) is amended as follows:

(A) In the first paragraph, strike out the first sentence, and amend the second sentence to read as follows: "Any corporation which commits any act unlawful under this Act shall be guilty of a violation, except that the maximum fine shall be $25,000.”

(B) In the last paragraph, strike out "shall upon conviction thereof be subject to a fine of not more than $500” and insert in lieu thereof “shall be guilty of a regulatory offense under section 2-8F6 of title 18, United States Code".

(5) Section 1008 of such Act, as amended (46 U.S.C. 1277), is re22 pealed.

(xxx) The text of section 3 (e) of the Act of June 12, 1940 (46 U.S.C. 1333 (e)), is amended to read as follows:

"Any person or association violating this section or any regulation issued under this section shall be guilty of a regulatory offense under section 2-8F6 of title 18, United States Code."

SEC. 364. (a) This section may be cited as the "Miscellaneous 29 Gambling Ship Crimes Act of 1973."

(1) The term "gambling ship" means a vessel used principally for the operation of one or more gambling establishments.

(2) The term "gambling establishment" means any common gaming or gambling establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any 37 game of chance, for money or other thing of value.

(3) The term "vessel” includes every kind of water and aircraft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship,

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boat, barge, or other water craft or any structure capable of floating on the water.

(4) The term "American vessel" means any vessel documented or numbered under the laws of the United States, and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise controlled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State.

(5) The term "wire communication facility" means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of 15 origin and reception of such transmission.

(c) (1) It shall be unlawful for any citizen or resident of the United States, or any other person who is on an American vessel or is otherwise under or within the jurisdiction of the United States directly or 19 indirectly

2 2 2 2 2 2 2 2 828

(A) to set up, operate, or own or hold any interest in any gambling ship or any gambling establishment on any gambling ship;

(B) in pursuance of the operation of any gambling establishment on any gambling ship, to conduct or deal any gambling game, or to conduct or operate any gambling device, or to induce, entice, solicit, or permit any person to bet or play at any such establishment,

if such gambling ship is on the high seas, or is an American vessel or otherwise under or within the jurisdiction of the United States, and is not within the jurisdiction of any State.

(2) Whoever violates the provisions of paragraph (1) shall be 32 guilty of a Class E felony, except that the maximum fine shall be 33 $10,000.

(3) Whoever, being (A) the owner of an American vessel, or (B) the owner of any vessel under or within the jurisdiction of the United 36 States, or (C) the owner of any vessel and being an American citi37 zen, shall use, or knowingly permit the use of, such vessel in violation of any provision of this subsection shall, in addition to any other 39 penalties provided by this section, forfeit such vessel, together with her tackle, apparel, and furniture, to the United States.

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(d) (1) It shall be unlawful to operate or use, or to permit the operation or use of, a vessel for the carriage or transportation, or for any part of the carriage or transportation, either directly or indirectly, of any passengers, for hire or otherwise, between a point or place within the United States and a gambling ship which is not within the jurisdiction of any statement, certificate or report submitted pursuant to the provisions of the Federal-Aid Road Act, approved July 11, 1916 (39 Stat. 355), as amended and supplemented.

(2) Violation of this subsection is a Class E felony, except that the maximum fine shall be $10,000.

SEC. 365. (a) This section may be cited as the "Miscallaneous Abandoned Passenger Crimes Act of 1973."

13 (b) Whoever, being master or commander of a vessel of the United States while abroad, knowingly forces any officers 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 18 condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be guilty of a misdemeanor, except that the maximum fine shall be $500.

SEC. 366. (a) This section may be cited as the "Miscellaneous Vessel Refuge Crimes Act of 1973."

23 (b) Whoever, being within the territorial waters of the United

States, knowingly permits any vessel to be used as a place of resort for any person conspiring with another or preparing to commit any offense against the United States, or any offense in violation of the

treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States; or knowingly permits such vessel to be used in violation of the rights and obligations of the United States under the law of nations, shall be guilty of a Class E felony, except that the maximum fine shall be $10,000.

(c) In case such vessels are so used, with the knowledge of the owner or master or other person in charge or command thereof, the 34 vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the

same manner as merchandise is forfeited for violation of the cus

toms revenue laws.

SEC. 367. (a) This section may be cited as the "Miscellaneous Dan

gerous Objects on Vessels Crimes Act of 1973."

99-910 O 73 pt. 5 33

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