Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
72 lines
5.0 KiB
Markdown
72 lines
5.0 KiB
Markdown
---
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type: "LegalText"
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title: "46 U.S.C. § 31330"
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description: "Penalties"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 46
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title_name: "SHIPPING"
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chapter_number: "313"
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chapter_name: "COMMERCIAL INSTRUMENTS AND MARITIME LIENS"
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section: "31330"
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citation: "46 U.S.C. § 31330"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip"
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source_identifier: "/us/usc/t46/s31330"
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source_file: "data/legal/raw/us/code/title-46/usc46.xml"
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source_hash: "f3cacb61ed4e32a6f244ac6bd9c63cfa3783f11447d44fb281b5cb311994daa6"
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raw_snapshot_hash: "eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f"
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text_hash: "c1df2414f80b4de4d86fbc74088661bde936e0365d9b177af140b44a1e4a9d3a"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 46 U.S.C. § 31330 - Penalties
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## Text
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(a) (1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—
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(A) with intent to defraud, does not disclose an obligation on a vessel as required by section 31323(a) of this title;
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(B) with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or
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(C) with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.
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(2) A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—
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(A) does not disclose an obligation on a vessel as required by section 31323(a) of this title;
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(B) incurs a contractual obligation in violation of section 31323(b) of this title; or
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(C) files with the Secretary a mortgage made not in good faith.
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(b) (1) A person that knowingly violates section 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both.
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(2) A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.
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(3) A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.
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(c) If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.
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(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, § 1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, § 913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)
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## Notes
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Historical and Revision Notes Revised sectionSource section (U.S. Code) 31330(a)46:941(b) (1st sentence) 31330(b)New 31330(c)46:941(b) (1st sentence) Section 31330(a) provides for criminal penalties for not disclosing obligations, incurring contractual obligations in violation of section 31323(b), and filing a mortgage made not in good faith. This subsection makes a substantive change to law by adding civil penalties and by making it a crime to record with the Secretary of Transportation a mortgage made not in good faith with the intent to hinder an existing or future creditor of the mortgagor or a lienor of the vessel. This is done since the affidavit of good faith has been eliminated from the elements of a preferred mortgage. Section 31330(b) adds criminal and civil penalties for violating the sale and trust requirements under sections 31328 and 31329. It also makes a vessel and its equipment involved in those violations subject to seizure by the Government. Section 31330(c) makes the president or chief executive officer of a corporation or association liable as a mortgagor for the penalties under this section.
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house floor statementSubsection (a) of this section adds criminal and civil penalties for a preferred mortgagor’s failure to carry out certain requirements under chapter 313 of title 46 (as enacted by this Act).
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Editorial Notes
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Amendments2010—Subsec. (a)(1)(B). Pub. L. 111–281, § 913(d)(1)(A), inserted “or” after semicolon. Subsec. (a)(1)(C). Pub. L. 111–281, § 913(d)(1)(B), substituted “Secretary.” for “Secretary; or”. Pub. L. 111–281, § 913(a)(1), struck out “of Transportation” after “Secretary”. Subsec. (a)(1)(D). Pub. L. 111–281, § 913(d)(1)(C), struck out subpar. (D) which read as follows: “with intent to defraud, does not comply with section 31321(h) of this title.” Subsec. (a)(2)(B) to (D). Pub. L. 111–281, § 913(d)(2), inserted “or” at end of subpar. (B), substituted “faith.” for “faith; or” at end of subpar. (C), and struck out subpar. (D) which read as follows: “does not comply with section 31321(h) of this title.” 1996—Subsec. (b). Pub. L. 104–324 struck out “31328 or” before “31329” in pars. (1) to (3).
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Statutory Notes and Related Subsidiaries
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Effective DateSection effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
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