Question 69 ONC03 - Master LT 500-1600 GRT

What is the penalty for desertion?

A Fine of not more than $2000 dollars and forfeiture of wages
B Revocation of Merchant Mariner Credential and forfeiture of wages due
C Imprisonment for not more than 2 years and/or a fine of not more than $2000 dollars
D Forfeiture of money and property left on the vessel, and wages due
AI Explanation

The Correct Answer is D. **Why Option D is Correct:** Option D states the standard civil penalties specifically established in U.S. maritime law (Title 46 U.S. Code, particularly § 11101, which addresses desertion). Under this statute, when a seaman deserts a vessel, the primary penalty is the forfeiture of: 1. **Wages due:** All wages the seaman has earned are forfeited to the United States. 2. **Property and money left on the vessel:** Any personal effects, money, or property the seaman leaves behind on the vessel are also forfeited. This forfeiture is the legally defined consequence directly associated with the act of desertion under the shipping statutes concerning crew agreements. **Why the Other Options are Incorrect:** * **A) Fine of not more than $2000 dollars and forfeiture of wages:** While forfeiture of wages is correct, the specific civil fine for desertion against the seaman is defined by the forfeiture of assets left behind, not necessarily a $2,000 fine imposed by a court *in addition* to the forfeiture of wages and property, which is usually the penalty for other types of offenses (like neglecting duty or being absent without leave). The core statutory penalty for desertion itself is the forfeiture listed in D. * **B) Revocation of Merchant Mariner Credential and forfeiture of wages due:** While desertion is a serious offense that *could* lead to action against a mariner's credential (MMC) in a separate administrative proceeding (suspension and revocation), the *statutory penalty* specifically defined in 46 U.S.C. § 11101 for the act of desertion itself is the forfeiture of money, property, and wages, not mandatory MMC revocation. Therefore, B describes a potential secondary consequence, not the primary, direct statutory penalty. * **C) Imprisonment for not more than 2 years and/or a fine of not more than $2000 dollars:** This option describes typical penalties for severe *criminal* offenses under Title 18 or specific high-level maritime misconduct. Desertion under 46 U.S.C. is primarily treated as a civil infraction resulting in the financial forfeiture of wages and property (as described in D), not automatic criminal imprisonment or a large criminal fine.

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