Page:United States Statutes at Large Volume 100 Part 4.djvu/1036

 100 STAT. 3382

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91. n «)i ' •

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PUBLIC LAW 99-603—NOV. 6, 1986

"(a) CRIMINAL PENALTIES.—(1) Any person who— "(A) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; "(B) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; "(C) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; or "(D) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, shall be fined in accordance with title 18, United States Code, imprisoned not more than five years, or both, for each alien in respect to whom any violation of this subsection occurs. "(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved— "(A) be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both; or "(B) in the case of— "(i) a second or subsequent offense, "(ii) an offense done for the purpose of commercial advan;, tage or private financial gain, or !". "(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry, be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.", (b) MISCELLANEOUS AMENDMENTS TO SEIZURE AND FORFEITURE

PROCEDURES.—Subsection (b) of such section is amended— (1) in paragraph (1) before subparagraph (A) by striking out "is used" and inserting in lieu thereof "has been or is being „,. ^ used", '" (2) by striking out "subject to seizure and" in paragraph (1) and inserting in lieu thereof "seized and subject to", ticiT (3) i^y inserting "or is being" after "has been" in paragraph (2), (4) by striking out "conveyances" in paragraph (3) and inserting in lieu thereof "property",

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