§ 545

Smuggling goods into the United States

Up to 20 years Fraud & Money 68 sentenced (FY2025) Ch. 27 · Customs

Official text prohibited actmental stateif conditionpenaltylegal term

Whoever knowingly and , with intent to defraud the United States, smuggles, or clandestinely introduces or to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or

Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—

Shall be or imprisoned not more than 20 years, or both.

Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.

Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be to the United States.

The term "United States", as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

History: (June 25, 1948, ch. 645, 62 Stat. 716 (PDF, 39 MB); Aug. 24, 1954, ch. 890, §1, 68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, §507, 68 Stat. 1141 (PDF, 1.2 MB); June 30, 1955, ch. 258, §2(c), 69 Stat. 242; Pub. L. 103–322, title XXXII, §320903(c), title XXXIII, §§330004(18), 330016(1)(L), Sept. 13, 1994, 108 Stat. 2125 (PDF, 52 MB), 2142, 2147; Pub. L. 104–294, title VI, §604(b)(23), Oct. 11, 1996, 110 Stat. 3508; Pub. L. 109–177, title III, §310, Mar. 9, 2006, 120 Stat. 242.)

Simplified explanation

It is a federal crime to knowingly and willfully smuggle goods into the United States to cheat the government, or to use false papers at customs. It is also a crime to knowingly or fraudulently bring in goods illegally, or to knowingly buy, sell, hide, or move goods that were brought in illegally.