Misdemeanors are highlighted in Green MAXIMUM PENALTIES Compiled by: TITLE 18 CRIMES AND Ellen Allred Assistant Federal Public Defender OTHER SELECTED Gulfport, MS STATUTES & Last updated September 13, 2017 Dennis Joiner Federal Public Defender Jackson, MS http://ms.fd.org/maxpenalties/maxpenal ties.pdf Section Description Penalty SR Class Sen/G TITLE 8 ALIEN OFFENSES st 8 U.S.C. § 1325(a) Improper entry by alien • 1 Offense – NMT 6 NMT 1yr B (Misd) N/A mo/ $5,000 fine E • Subsequent offense – NMT 1yr 2L1.2 NMT 2 years/$250,000 fine 8 U.S.C. § 1325(c) Marriage to evade immigration jaws NMT 5yrs / $250,000 fine NMT 3yrs D 2L2.1, 2L2.2 8 U.S.C. 1325(d) Establishing business to evade NMT 5yrs / $250,000 fine NMT 3yrs D 2L2.1, 2L2.2 immigration laws 8 U.S.C. § 1326(a)1&2 Entry/re-entry of deported, removed, or NMT 2yrs / $250,000 fine NMT 1yr E 2L1.2 excluded aliens, generally 8 U.S.C. § 1326(b)(1) Entry/re-entry following removal NMT 10 Yrs / $250,000 NMT 3yrs C 2L1.2 subsequent to felony or 3 + misd fine convictions for drug crimes/crimes against the person 8 U.S.C. § 1326(b)(2) Entry/re-entry following removal NMT 20 Yrs / $250,000 NMT 3yrs C 2L1.2 subsequent to aggravated felony fine 8 U.S.C. § 1326(b)(3) Entry of alien excluded on security 10yrs consecutive to any NMT 3yrs C 2L1.2 grounds other sentence / $250,000 fine 8 U.S.C. § 1326(b)(4) Re-entry by alien removed prior to NMT 10yrs and/or NMT 3yrs C 2L1.2 completion of sentence $250,000 fine. **Can also be made to complete prior sentence (See 1236(c) 8 U.S.C. § 1327 Aiding/assisting certain aliens to enter NMT 10yrs and/or NMT 3yrs C 2L1.1 $250,000 fine 8 U.S.C. § 1328 Importing alien for immoral purpose NMT 10yrs and/or NMT 3yrs C 2G1.1, 2G1.3 $250,000 fine Last updated 9/13/2017 Please email suggested edits to [email protected] Section Description Penalty SR Class Sen/G TITLE 15 COMMERCE AND TRADE 15 U.S.C. § 78-dd-1 Prohibited foreign trade pactices by See § 78ff(c) issuers (Use of mails/interstate commerce • For any Issuer -- NMT NA to bribe foreign officials, political parties $2,000,000 ($10,000 or candidates,and related crimes) civil penalty in actions brought by commission) **Note: Section 78ff(c) provides for a • For officers, employees, NMT 3yrs D 2C1.1 $100,000 fine for officers/employees; stockholders -- NMT 5 however, as statute is not exempted from yrs/$250,000 (civil 18 USC § 3571, the fine is raised to penalty of $10,000 in $250,000 actions brought by commission) 15 U.S.C. § 78dd-2 Prohibited foreign trade practices by • For domestic concern, N/A N/A domestic concerns not a natural person, $2,000,000 fine Penalties at 78dd-2(g) ($10,000 civil penalty in NMT 3yrs actions brought by AG) **Note: Section 78dd-2(g)(2)(A) • For natural persons, D 2C1.1 provides for a $100,000 fine; however, as NMT 5 yrs/$250,000 statute is not exempted from 18 USC § (civil penalty of 3571, the fine is raised to $250,000 $10,000 in actions pursuant to 3571(e) brought by AG) 15 U.S.C. § 78dd-3 Prohibited foreign trade practices – other • For Juridical Persons -- than issuers or domestic concerns $2,000,000 fine ($10,000 civil penalty in Penalties at 78dd-2(g) actions brought at AG) NMT 3yrs D 2C1.1 • For Natural Persons, **Note: Section 78dd-3(e)(2)(A) NMT 5 yrs/$250,000 provides for a $100,000 fine; however, as (civil penalty of statute is not exempted from 18 USC § $10,000 in actions 3571, the fine is raised to $250,000 brought by AG) pursuant to 3571(e) Last updated 9/13/2017 Please email suggested edits to [email protected] Section Description Penalty SR Class Sen/G 15 U.S.C. § 78ff(a) Willful violations of securities law NMT 20 years/$5,000,000 NMT 3 yrs C 2B1.1, 2C1.1 ($25,000,000 for non- persons) 15 U.S.C. § 78ff(b) Failure to file information, documents or Forfeit $100 per day, in N/A reports lieu of criminal penalty 15 U.S.C. § 78ff(c) Penalties for § 78-dd-1 (prohibited • For any Issuer -- NMT foreign trade practices by issuers) $2,000,000 ($10,000 civil penalty in actions brought by Commission) **Note: Section 78ff(c) provides for a • For officers, employees, NMT 3 yrs D 2B1.1, 2C1.1 $100,000 fine for officers/employees; stockholders -- NMT 5 however, as statute is not exempted from yrs/$250,000 (civil 18 USC § 3571, the fine is raised to penalty of $10,000 in $250,000 pursuant to 3571(e) actions brought by Commission) 15 U.S.C. § 1644 Fraudulent use of credit card NMT 10 yrs and/or NMT3yrs C 2B1.1 $250000 fine **Note: 1644(f) provides for a $10,000 fine; however, as statute is not exempted from 18 USC § 3571, the fine is raised to $250,000 pursuant to 3571(e) TITLE 16 CONSERVATION 16 U.S.C. § 3372 Transportation or sell of wildlife in NMT 1yr and/or $100,000 NMT 1yr A (Misd) Use most (all sections other than violation of federal law(16usc3373(d)(2) fine Analogous (b)(d)(f)) GL 16 U.S.C. § 3372(b)(d)(f) Failure to mark lable or tag fish/wildlife NMT 5yr and/or $250,000 NMT 3yr D Use most or falsely labeling fish/wildlife/plant fine Analogous imported or exported (16 usc3373(d)(1) GL (A)or sale with market value over $350. (18usc3373(d)(1)(B) Last updated 9/13/2017 Please email suggested edits to [email protected] Section Description Penalty SR Class Sen/G 16 U.S.C. § 3372(d),(f) Failure to mark lable or tag fish/wildlife NMT 5yr and/or $100,000 NMT 3yr D Use most or falsely labeling fish/wildlife/plant fine Analogous transported in interstate or foreign (16 GL usc3373(d)(3) (A)or sale with market value over $350. TITLE 18 CRIMES & CRIMINAL PROCEDURE CHAPTER 1 GENERAL PROVISIONS 18 U.S.C. § 3 Accessory after the fact • NMT 2 max See See 2X3.1 imprisonment and/or 18 USC 3583 18 USC NMT 2 the fine 3559 prescribed for the NMT 3yrs principal; • If principal prescribe life or death then NMT C 15 years 18 U.S.C.§ 4 Misprision of a felony NMT 3yrs and/or NMT 1yr E 2X4.1 $250,000 fine st 18 U.S.C. § 25 Use of minor in crime of violence • 1 Offense – 2x max Varies: See Varies: See imprisonment & fine; 18 USC 3583 18 USC 3559 • Subsequent Convictions- 3x max imprisonment & fine CHAPTER 2 AIRCRAFT & MOTOR VEHICLES 18 U.S.C. § 32 (a)(1-8) Domestic aircrafts, aircraft facilities -- NMT 20yrs and/or NMT 3yrs C 2A1.1, 2A1.2, destroying, damaging, or committing acts $250,000 fine 2A1.3, 2A1.4, endangering the safety of -- 2A2.1, 2A2.2, 2A2.3, 2A4.1, 2A5.1, 2A5.2, 2B1.1, 2K1.4, Last updated 9/13/2017 Please email suggested edits to [email protected] Section Description Penalty SR Class Sen/G 2X1.1 18 U.S.C. § 32 (b) Foreign aircrafts -- destroying, damaging, NMT 20yrs and/or NMT 3yrs C Same as 32(a) or committing acts endangering the $250,000 fine safety of-- 18 U.S.C. § 32 (c) Threats relating to aircraft Safety NMT 5yrs and/or NMT 3yrs D 2A6.1 $250,000 fine 18 U.S.C. § 33 (a) Destruction of motor vehicle or motor NMT 20yrs / $250,000 NMT 3yrs C 2A2.1, 2A2.2, vehicle facility fine 2B1.1,2K1.4 18 U.S.C. § 33(b) Destruction of motor vehicle carrying NLT 30yrs to Life / NMT 5yrs A Same as 33(a) radioactive waste $250,000 fine 18 U.S.C. § 34 Death resulting from aircraft or motor Death penalty or life NMT 5yrs A 2A1.1, 2A1.2, vehicle crimes imprisonment / $250,000 2A1.3, 2A1.4 18 U.S.C. § 35 (a) Knowingly conveying false information Civil penalty of NMT N/A N/A N/A in relation to aircraft/motor $1,000 vehicle/railway/shipping crime 18 U.S.C. § 35 (b) Willfully & maliciously or w/ reckless NMT 5yrs and/or NMT 3yrs D 2A6.1 disregard for life, imparting or conveying $250,000 fine false information relating to aircraft/motor vehicle/railway/shipping crime 18 U.S.C. § 36(b)(1) Drive-by shooting (shooting into a group • If defendant causes grave NMT 5yrs B 2D1.1 of 2+ in furtherance or to escape risk to life, NMT 25yrs detection of major drug offense w/ intent and/or $250,000 fine, if to harass, injure, intimidate, or maim) defendant (35(b)(1)) • If death results under circumstances constituting 1st degree NMT 5yrs A murder, death or any term of years to life life/$250,000 fine (36(b)(2)(A)) Last updated 9/13/2017 Please email suggested edits to [email protected] Section Description Penalty SR Class Sen/G st • If murder other than 1 degree,any term of years NMT 5yrs A including life/$250,000 fine (35(b)(2)(B)) 18 U.S.C. § 37 Violence at international airport • NMT 20yrs and/or NMT 3yrs C 2A1.1, 2A1.2, $250,000 2A1.3, 2A1.4, 2A2.1, • If death results, death or NMT 5yrs A 2A2,1, 2A2.3, any term of years 2A3.1, 2A3.4, including life and/or 2A4.1, 2A5.1, $250,000 2A5.2, 2B1.1, 2B3.1, 2K1.4, 2X1.1 18 U.S.C.