50 U.S.C. § 192
Section 192 · Seizure and forfeiture of vessel; fine and imprisonment
This is § 2 of the Espionage Act of 1917
Amended 6 times on record
Applied in 11 court decisions — leading case United States v. Aarons (1962)
Most recently applied in United States v. Israel Guerra Gonzalez (December 2008)
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.
If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title,1 or obstructs or interferes with the exercise of any power conferred by this title,1 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; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title,1 or knowingly obstructs or interferes with the exercise of any power conferred by this title,1 he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
A person violating this title,1 or a regulation prescribed under this title,1 shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
Any vessel that is used in violation of this title,1 or of any regulation issued under this title,1 shall be liable in rem for any civil penalty assessed pursuant to subsection (c) of this section and may be proceeded against in the United States district court for any district in which such vessel may be found.
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c) of this section, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 91 of title 46, Appendix.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This title, referred to in subsecs. (a) to (d), means title II of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of title II to the Code, see Tables.
Amendments
2004—Subsec. (c). Pub. L. 108–293, §802(b)(1), substituted “title” for “Act” in two places.
Subsecs. (d), (e). Pub. L. 108–293, §802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out “by the Secretary of the Treasury or the Governor of the Panama Canal” before “under the provisions of this title”.
1940—Act Mar. 28, 1940, increased term of imprisonment.
Termination Date of 1950 Amendment
For termination of amendment by act Aug. 9, 1950, see section 4 of act Aug. 9, 1950, set out as a note under section 191 of this title.