Statute of Limitations: Smuggling Narcotics and Contraband When smuggling narcotics, the minimum prison sentence will be around ten years, alongside up to $50 million in fines. The base point value spans 26 to 43 points, depending on the product or drug, criminal history, and if any deaths occurred due to the smuggling of narcotics or contraband.įurther points are added following specific criteria: violence in the smuggling operation equals 2 points, possession of a firearm also equals 2 points, etc. To determine the smuggling sentence, basic point-based guidelines are used. Moreover, a smuggler's criminal history also impacts the eventual sentence. For example, smuggling a cache of AK-47s is likely to result in a substantial prison sentence compared to a pack of Cuban cigars. Knowingly and willfully transporting any illegal merchandise across the border by any means.Īs with all such felonies, the sentence and punishment given reflect the merchandise being smuggled and the quantity.Knowingly and willfully passing false or forged invoices or documents in an attempt to bring undeclared or illegal merchandise into the U.S.Knowingly and willfully smuggling any merchandise that should have been declared or invoiced by customs.Under this law, smuggling crimes include: This section of the United States Code makes it a crime to smuggle goods into the country or to make false statements to customs officials to evade duties or other requirements. Code § 545, which states that a defendant should be fined or imprisoned for no more than 20 years or both. What are the Consequences of Violating Smuggling Laws? The type of contraband determines the length of the sentence. Smuggling drugs into correctional institutions is a felony, punishable by imprisonment in state prison for up to three years. California Penal Code 4573.5 makes it a crime to bring drugs or alcohol into a jail or prison, or to possess them while in jail or prison. Wardens can take a strict approach to contraband, meaning anything handed to a detained person will violate state laws. Other items are unauthorized by the warden.Cell phones or other telecommunications devices.The list of prohibited items likely includes: All prison services work to eliminate the smuggling of contraband into the system. In a correctional facility, narcotics or contraband can pose a safety risk to the inmate and prison staff alike. Smuggling Narcotics and Contraband into Prison Underground tunnels are used in the narcotics trade between the U.S. Goods can be smuggled either by concealing the item on a person or in their baggage or by moving the goods across the border without detection, e.g., in planes, boats, or trucks. The most common items involved in smuggling include narcotics, Cuban cigars, weapons, plants, and animals.īecause smuggling contraband primarily involves national borders, smuggling laws are overseen and enforced by several federal agencies: Drugs and other contraband can also be smuggled through the US mail. In the U.S., smuggling is a federal crime involving the transportation of goods across a national border – although state-to-state smuggling does exist, e.g., transporting Burmese Pythons to Florida. In this article, we will explain what the smuggling laws encompass, what the penalties are, and what you should do if you're facing a charge for smuggling narcotics or contraband. However, smuggling can occur across any border or into prison facilities. Here, the Mexican cartels smuggle people, narcotics, and other controlled substances across the border, leading to a spiral of crime and violence. Smuggling is perhaps most commonly associated with the southern U.S.-Mexico border. However, smuggling contraband, like Cuban cigars, animals, and other prohibited products, is considered smuggling under the broader smuggling laws. Smuggling narcotics or weaponry is often the first assumption when people hear the word "smuggling". Smuggling is the act of transporting prohibited goods across a border or into a building to avoid regulatory oversight, prison rules, import or export restrictions, or other forms of unwanted attention. Understanding Smuggling Laws in the US Smuggling Narcotics or Contraband: Penalties and Defense Strategies
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