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U.S. Code as of:
01/19/04
Section 1338. Criminal provisions
(a) Violations; penalties; trial
Any person who -
(1) willfully removes or attempts to remove a wild free-roaming
horse or burro from the public lands, without authority from the
Secretary, or
(2) converts a wild free-roaming horse or burro to private use,
without authority from the Secretary, or
(3) maliciously causes the death or harassment of any wild
free-roaming horse or burro, or
(4) processes or permits to be processed into commercial
products the remains of a wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or
burro maintained on private or leased land pursuant to section
1334 of this title, or the remains thereof, or
(6) willfully violates a regulation issued pursuant to this
chapter,
shall be subject to a fine of not more than $2,000, or imprisonment
for not more than one year, or both. Any person so charged with
such violation by the Secretary may be tried and sentenced by any
United States commissioner or magistrate judge designated for that
purpose by the court by which he was appointed, in the same manner
and subject to the same conditions as provided for in section 3401
of title 18.
(b) Arrest; appearance for examination or trial; warrants: issuance
and execution
Any employee designated by the Secretary of the Interior or the
Secretary of Agriculture shall have power, without warrant, to
arrest any person committing in the presence of such employee a
violation of this chapter or any regulation made pursuant thereto,
and to take such person immediately for examination or trial before
an officer or court of competent jurisdiction, and shall have power
to execute any warrant or other process issued by an officer or
court of competent jurisdiction to enforce the provisions of this
chapter or regulations made pursuant thereto. Any judge of a court
established under the laws of the United States, or any United
States magistrate judge may, within his respective jurisdiction,
upon proper oath or affirmation showing probable cause, issue
warrants, in all such cases.
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