Page:United States Statutes at Large Volume 124.djvu/1126

 124 STAT. 1100 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(D) OTHER LIMITS.—Section 2 and subsections (a), (b), (c), and (d) of this section shall not be interpreted to impose any responsibilities, requirements, or liability on common carriers. ‘‘(f) PRESUMPTION.—For purposes of this Act, a delivery sale shall be deemed to have occurred in the State and place where the buyer obtains personal possession of the cigarettes or smokeless tobacco, and a delivery pursuant to a delivery sale is deemed to have been initiated or ordered by the delivery seller.’’. (d) PENALTIES.—The Jenkins Act is amended by striking section 3 and inserting the following: ‘‘SEC. 3. PENALTIES. ‘‘(a) CRIMINAL PENALTIES.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), whoever knowingly violates this Act shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both. ‘‘(2) EXCEPTIONS.— ‘‘(A) GOVERNMENTS.—Paragraph (1) shall not apply to a State, local, or tribal government. ‘‘(B) DELIVERY VIOLATIONS.—A common carrier or inde- pendent delivery service, or employee of a common carrier or independent delivery service, shall be subject to criminal penalties under paragraph (1) for a violation of section 2A(e) only if the violation is committed knowingly— ‘‘(i) as consideration for the receipt of, or as consid- eration for a promise or agreement to pay, anything of pecuniary value; or ‘‘(ii) for the purpose of assisting a delivery seller to violate, or otherwise evading compliance with, sec- tion 2A. ‘‘(b) CIVIL PENALTIES.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), whoever violates this Act shall be subject to a civil penalty in an amount not to exceed— ‘‘(A) in the case of a delivery seller, the greater of— ‘‘(i) $5,000 in the case of the first violation, or $10,000 for any other violation; or ‘‘(ii) for any violation, 2 percent of the gross sales of cigarettes or smokeless tobacco of the delivery seller during the 1-year period ending on the date of the violation. ‘‘(B) in the case of a common carrier or other delivery service, $2,500 in the case of a first violation, or $5,000 for any violation within 1 year of a prior violation. ‘‘(2) RELATION TO OTHER PENALTIES.—A civil penalty imposed under paragraph (1) for a violation of this Act shall be imposed in addition to any criminal penalty under subsection (a) and any other damages, equitable relief, or injunctive relief awarded by the court, including the payment of any unpaid taxes to the appropriate Federal, State, local, or tribal govern- ments. ‘‘(3) EXCEPTIONS.— ‘‘(A) DELIVERY VIOLATIONS.—An employee of a common carrier or independent delivery service shall be subject to civil penalties under paragraph (1) for a violation of 15 USC 377.