Penalties
Official text prohibited actmental stateif conditionpenaltylegal term
(a) Whoever knowingly violates section 2342(a) of this title shall be or imprisoned not more than five years, or both.
(b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be or imprisoned not more than three years, or both.
(c) Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and shall be either—
(1) destroyed and not resold; or
(2) used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.
History: (Added Pub. L. 95–575, §1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095 (PDF, 131 MB); Pub. L. 103–322, title XXXIII, §330016(1)(K), (S), Sept. 13, 1994, 108 Stat. 2147 (PDF, 52 MB), 2148; Pub. L. 109–177, title I, §121(b)(4), (d), Mar. 9, 2006, 120 Stat. 222, 223.)
Simplified explanation
This section sets the criminal penalties for the federal contraband tobacco laws. It is a crime to knowingly deal in contraband cigarettes or smokeless tobacco, to knowingly break rules issued under these laws, or to make false statements in those records. Contraband tobacco can be seized and must be destroyed rather than resold.