U.S. Code > Title 49 Transportation > SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS (§§ 5101—6109) > CHAPTER 51—TRANSPORTATION OF HAZARDOUS MATERIAL (§§ 5101—5128) > § 5124. Criminal penalty

§ 5124. Criminal penalty

(a) In General.— A person knowingly violating section 5104 (b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
(b) Knowing Violations.— For purposes of this section—
(1) a person acts knowingly when—
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c) Willful Violations.— For purposes of this section, a person acts willfully when—
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d) Reckless Violations.— For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.