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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

S 3288: A bill to amend the Internal Revenue Code to reduce tobacco smuggling, and for other purposes.

Official Title

A bill to amend the Internal Revenue Code to reduce tobacco smuggling, and for other purposes

Analysis

Section 5762 of Title 41, U.S. Code, the Internal Revenue Code, includes criminal offenses covering conduct involving commerce in tobacco products. This bill, which is a companion to H.R. 5178, would add an offense covering commerce in tobacco production machines, which imposes new requirements to keep and maintain records on all transactions related to leasing, importing, exporting, or delivering such machines. The bill would also revise and expand the existing substantive offenses in § 5762. Any knowing violation of the substantive provisions of the new offense would be punishable by imprisonment for up to 3 years, a fine of up to $10,000 or triple the value of any tobacco product involved (whichever is greater), or both. A knowing violation of the recordkeeping provisions would be punishable by a fine of up to $10,000.

Legislation Details
SPONSOR

Lautenberg (D - NJ)

STATUS:

04/29/2010: Referred to Senate Finance Committee
04/29/2010: Introduced in Senate