46 U.S.C. § 11501

Penalties for specified offenses

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When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified:(1) For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages.(2) For neglecting or refusing without reasonable cause to join the seaman’s vessel or to proceed to sea in the vessel, for absence without leave within 24 hours of the vessel’s sailing from a port (at the beginning or during the voyage), or for absence without leave from duties and without sufficient reason, the seaman forfeits from the seaman’s wages not more than 2 days’ pay or a sufficient amount to defray expenses incurred in hiring a substitute.(3) For quitting the vessel without leave after the vessel’s arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman’s wages not more than one month’s pay.(4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman’s wages not more than 4 days’ pay or, at the discretion of the court, may be imprisoned for not more than one month.(5) For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours’ continuance of the disobedience or neglect, not more than 12 days’ pay or, at the discretion of the court, may be imprisoned for not more than 3 months.(6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.(7) For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, the seaman forfeits from the seaman’s wages the amount of the loss sustained and, at the discretion of the court, may be imprisoned for not more than 12 months.(8) For smuggling for which a seaman is convicted causing loss or damage to the owner or master, the seaman is liable to the owner or master for the loss or damage, and any part of the seaman’s wages may be retained to satisfy the liability. The seaman also may be imprisoned for not more than 12 months.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
11501	46:701

Section 11501 provides penalties for specific offenses committed by seamen.

Notes of Decisions

Cited in 6 cases, 1988–2020 · leading case: Barlow v. Liberty Mar. Corp., 746 F.3d 518 (2d Cir. 2014).

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Barlow v. Liberty Mar. Corp., 746 F.3d 518 (2d Cir. 2014). “See 46 U.S.C. § 11501 (5) (permitting ship masters to confine disobedient sailors within the ship and place them on a diet of 1,000 calories per day "until the disobedience ends”).”

Jack Anthony Jory v. United States, 562 F. App'x 926 (11th Cir. 2014). “§ 7703 (5), not because he assaulted a master, in violation of 46 U.S.C. § 11501 (6). Nor does the district court have jurisdiction over Jory’s constitutional challenges to the statutes that were the basis for the Coast Guard’s revocation of his MMC.”

Barclay v. Keystone Shipping Co., 128 F. Supp. 2d 237 (E.D. Pa. 2001). “” 46 U.S.C. § 11501 (1). Desertion occurs when a seaman abandons his ship before the expiration of the term specified in his articles without justification and without the intention of returning.”

Kurtz v. Comm'r, 575 F.3d 1275 (11th Cir. 2009). “” 46 U.S.C. § 11501 specifies that “[f]or continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman .”

Nat'l Labor Relations Bd. v. Sea-Land Serv., Inc., (Sea Operations), 837 F.2d 1387 (5th Cir. 1988). · cites it 3× “More than that, the master, conscious of (i) his responsibility for maintenance of discipline aboard ship, (ii) the fact that Dunleavy had not answered as ordered the initial inquiry of 23 February and (iii) appropriate punishment could be imposed by the master at the logging…”

McHenry v. Asylum Ent. Delaware, LLC (Cal. Ct. App. 2020). “( 46 U.S.C. § 11501 (4), (5) [authorizing confinement and docking of wages for “disobedience to a lawful command at sea”]; Harb.”

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