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Small-Scale Question Sunday for April 16, 2023

Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?

This is your opportunity to ask questions. No question too simple or too silly.

Culture war topics are accepted, and proposals for a better intro post are appreciated.

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Interesting, but doesn't seem to be a felony. The original act just lays out fines, while the 2008 bill adds felonies to some other codes, but not the Lacey Act. Probably. It's really hard for me to be sure if I covered everything.


Edit: after reviewing the modern version of the act, I don't think any of my daily activities would constitute Lacey felonies. They seem to require import/export or value over $350, and in both cases, knowledge of the violation. So buying oak furniture would probably be fine, unless you have reason to believe Botswana really does outlaw it?

The Lacey Act can and has been used in felony contexts. This is a more readable version of the current law.

I'm confused about what makes something a felony. I've seen acts that call it out specifically, and there are clearly laws which use it as an object. This one has sections like

(2) All vessels, vehicles, aircraft, and other equipment used to aid ... in a criminal violation of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States

Is it just the length of sentence? The provisions with penalties greater than one year are

  • §3373 (d) (1) (A), knowing imports and exports

  • §3373 (d) (1) (B), knowing sale/purchase/intent thereof for more than $350

  • §3373 (d) (3), making false labels or importing without a declaration

  • §3373 (d) (4), interacting with captive, prohibited wildlife

If those are the felonies, I think my grocery-store trip is probably safe. Maybe the average American only commits 3 felonies a day because of Felonies Georg.

Edit: just clicked up to see your review. It sounds like Selectively-Prosecuted Georg is exactly what Silvergate was going for.

For most purposes at federal law, a felony is any crime punishable by more than a year imprisonment, regardless of the actual sentencing. Historically, this would be the source of a lot of 'year-and-a-day' statutory penalties. State law varies: some state exactly mirror the federal definition, while others can be goofy (Massachusetts considers any crime with any prison sentence to be a felony, while any sentence at a house of corrections is a misdemeanor, with the line usually triggering around two or three years).

((This can be somewhat goofy for corporate liability. In the Founding era and up to the start of the Civil War, law held that corporations couldn't commit felonies, just their individual actors in their individual capacities. Over time, that stopped being a reasonable assumption. In the modern era, the federal Sentencing Guidelines have 'organizational' sentencing recommendations for felony crimes commonly committed by corporations which tend to commute the sentences to (high) dollar values; felonies not covered by those sections can have a judge pick anything within the statute's range that sounds remotely reasonable.))

Prosecutors largely have kept the Lacey Act from being too much of a nightmare for normies thanks to cautious application, but the bar for "knowing" is a lot lower than you'd expect, since it's been applied in cases where even many people from the country in question's government debated whether the law covered the specific matter at hand, and where the defendant claimed to not know of the law. It'd be somewhat hard to hit d(1)B on the typical grocery shopping trip yet (though in a couple decades of inflation...) but d(1)A and d(3) could cover a wider variety of Amazon purchases than you'd expect, especially since the there are no thresholds.

In practice, no prosecutor's going to go after someone for ten or thirty dollars of pen blanks (I have no idea what the legal status on these things are, though I have reasons to distrust some vendor statements), both out of pragmatic concern and because courts have largely read the "due care" standard to make consumer prosecutions too annoying, but the law can and has been applied in cases close to that but larger-scale.