18 U.S.C. § 2274
Section 2274 · Destruction or misuse of vessel by person in charge
Amended 2 times on record
Applied in 5 court decisions — leading case United States v. Kincade (2004)
Most recently applied in Spector v. Norwegian Cruise Line Ltd. (June 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever, being the owner, master or person in charge or command of any private vessel, foreign or domestic, or a member of the crew or other person, within the territorial waters of the United States, willfully causes or permits the destruction or injury of such vessel or knowingly permits said 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 vessels to be used in violation of the rights and obligations of the United States under the law of nations, shall be fined under this title or imprisoned not more than ten years, or both.
In case such vessels are so used, with the knowledge of the owner or master or other person in charge or command thereof, the 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 customs revenue laws.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on section 193 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title II, §3, 40 Stat. 220; Mar. 28, 1940, ch. 72, §3(b), 54 Stat. 79).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
References in Text
The customs revenue laws, referred to in text, are classified generally to Title 19, Customs Duties.
Amendments
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in first par.
Canal Zone
Applicability of section to Canal Zone, see section 14 of this title.
Cross References
Drunkenness of master or seamen, see section 2196 of this title.
Firing or tampering with vessels, see section 2275 of this title.
Jurisdiction of offenses, see section 3241 of this title.