(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean
passage that crosses the international border between the United States and another
country, other than a lawfully authorized tunnel or passage known to the Secretary
of Homeland Security and subject to inspection by Immigration and Customs Enforcement,
shall be fined under this title and imprisoned for not more than 20 years.
(b) Any person who knows or recklessly disregards the construction or use of a tunnel
or passage described in subsection (a) on land that the person owns or controls shall
be fined under this title and imprisoned for not more than 10 years.
(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully
smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons),
or a member of a terrorist organization (as defined in section 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the maximum term
of imprisonment that would have otherwise been applicable had the unlawful activity
not made use of such a tunnel or passage.
(d) Any person who attempts or conspires to commit any offense under subsection (a) or
subsection (c) of this section shall be subject to the same penalties as those prescribed
for the offense, the commission of which was the object of the attempt or conspiracy.
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