{"identifier":"/us/usc/t49/s5124","title":49,"num":"\u00a7\u202f5124.","heading":"Criminal penalty","text":"\u00a7\u202f5124.\nCriminal penalty\n(a)\nIn General.\u2014\nA person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.\n(b)\nKnowing Violations.\u2014\nFor purposes of this section\u2014\n(1) a person acts knowingly when\u2014\n(A) the person has actual knowledge of the facts giving rise to the violation; or\n(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and\n(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.\n(c)\nWillful Violations.\u2014\nFor purposes of this section, a person acts willfully when\u2014\n(1) the person has knowledge of the facts giving rise to the violation; and\n(2) the person has knowledge that the conduct was unlawful.\n(d)\nReckless Violations.\u2014\nFor purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person\u2019s conduct.","url":"https://projectusc.org/usc/t49/s5124.html","content":[{"t":"sec","id":"/us/usc/t49/s5124","children":[{"t":"num","text":"\u00a7\u202f5124."},{"t":"heading","text":"Criminal penalty"},{"t":"subsec","id":"/us/usc/t49/s5124/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"content","text":"A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s5124/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Knowing Violations.\u2014"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t49/s5124/b/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" a person acts knowingly when\u2014"},{"t":"subpara","id":"/us/usc/t49/s5124/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the person has actual knowledge of the facts giving rise to the violation; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s5124/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s5124/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s5124/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Willful Violations.\u2014"},{"t":"chapeau","text":"For purposes of this section, a person acts willfully when\u2014"},{"t":"para","id":"/us/usc/t49/s5124/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the person has knowledge of the facts giving rise to the violation; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s5124/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the person has knowledge that the conduct was unlawful.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s5124/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Reckless Violations.\u2014"},{"t":"content","text":"For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person\u2019s conduct.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}