A conviction under 18 U.S.C. § 1865 for violating a National Park Service regulation carries up to six months in jail, a fine of up to $5,000 for an individual, and mandatory payment of all court costs. That is the baseline. Three other subsections of the statute reach specific conduct — damaging structures or vegetation in national military parks, financial disclosure violations by Interior employees, and hunting trespass in military parks — and some of those carry mandatory minimum jail time and fine ceilings ten to twenty times higher.1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service
The Baseline: § 1865(a)
Section 1865(a) is the general enforcement provision. It applies to any violation of a regulation the Secretary of the Interior has issued under 54 U.S.C. § 100751(a) for the use and management of National Park System units.2Office of the Law Revision Counsel. 54 USC 100751 – Regulations Those regulations sit in Title 36 of the Code of Federal Regulations, and each park’s Superintendent’s Compendium adds site-specific rules that carry the same § 1865 penalties.3eCFR. 36 CFR 1.3 – Penalties
The statute authorizes up to six months of imprisonment, a fine “under this title,” or both.1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service Six months is the ceiling that makes the offense a Class B misdemeanor under 18 U.S.C. § 3559.4Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses The fine ceiling then comes from 18 U.S.C. § 3571: $5,000 for an individual and $10,000 for an organization when the offense does not result in death.5Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
Those numbers are not always the whole exposure. Section 3571 contains an alternative provision: if the defendant profited from the offense or the government lost money because of it, the court can impose a fine of up to twice the gross gain or twice the gross loss, whichever is greater.5Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine Someone who removes a valuable quantity of plants, minerals, or artifacts can face a fine substantially higher than $5,000 if the resource value supports it.
On top of the fine, § 1865(a) itself requires every convicted person to “pay all cost of the proceedings.”1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service The statute says “shall be adjudged,” so the judge has no discretion to waive it. A separate $10 special assessment applies to every individual convicted of a Class B misdemeanor under 18 U.S.C. § 3013.6Office of the Law Revision Counsel. 18 USC 3013 – Special Assessment on Convicted Persons
The Higher Penalties in Subsections (b), (c), and (d)
The rest of § 1865 targets particular offenses, and the ranges shift.
§ 1865(b): Interior Employee Disclosure Violations
A Department of the Interior officer or employee who knowingly violates the financial disclosure requirements of 54 U.S.C. § 100737 faces up to one year of imprisonment, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service A one-year maximum makes this a Class A misdemeanor under § 3559, which raises the individual fine ceiling under § 3571 to $100,000.5Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
§ 1865(c): Damaging Structures or Vegetation in National Military Parks
Willfully destroying, defacing, injuring, or removing a monument, statue, marker, guidepost, or other structure in a national military park is punishable by 15 days to one year in prison. The same range applies to willfully destroying, cutting, or removing any tree, shrub, or plant.1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service The fine floor is $10 per item damaged or removed, with no separate statutory ceiling beyond the Class A misdemeanor cap set by § 3571. The 15-day floor is a mandatory minimum. A judge cannot suspend the sentence entirely; conviction guarantees at least two weeks of incarceration.
§ 1865(d): Hunting Trespass in National Military Parks
Trespassing in a national military park to hunt, using a gun or dog to hunt game there, or setting traps or nets carries 5 to 30 days of imprisonment, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service A 30-day maximum makes this a Class C misdemeanor under § 3559. The range is narrower than (c), but the five-day floor still means guaranteed jail time on conviction.
What the Government Has to Prove About Intent
Intent requirements vary across the subsections, and the difference matters.
Section 1865(a) contains no intent language. The text penalizes “a person that violates any regulation,” so a conviction does not require proof that you knew the rule existed. Ignorance of a fire restriction, a seasonal closure, or a pet prohibition is not a defense.
Section 1865(b) requires that the disclosure violation be “knowing,” and § 1865(c) requires that the damage to a military park structure or vegetation be “willful.”1Office of the Law Revision Counsel. 18 USC 1865 – National Park Service Accidentally backing into a monument is not willful damage. Carving initials into one is. Section 1865(d), like (a), carries no intent element, so hunting trespass in a military park does not require proof you knew the area was off limits.
How Most § 1865 Violations Are Resolved
Most park violations do not go to trial. A ranger issues a violation notice, and many notices are routed through the Central Violations Bureau, administered by the federal courts. If “Box B” is checked, you can pay the listed collateral amount by the scheduled court date and skip the appearance.7Central Violations Bureau. My Options
Read the fine print before paying. Submitting payment may constitute an admission to a criminal offense, and the conviction can appear in your public record. You also give up the right to contest the charge and the right to have an attorney represent you.7Central Violations Bureau. My Options For a routine camping or pet ticket, most people accept the tradeoff. For a driving-under-the-influence charge or a resource damage citation that could touch employment or professional licensing, paying without talking to a lawyer forecloses options that cannot be reopened.
Motor vehicle citations carry an extra consequence. Payment can be reported to your state driver-licensing agency, which may add points, suspend your license, or assess state fees. Ignoring the notice makes things worse: the court can impose additional penalties and issue a warrant for your arrest.
Probation, Supervised Release, and Restitution
Sentencing under § 1865 can reach beyond jail and a fine.
Probation is available for up to five years after a misdemeanor conviction.8GovInfo. 18 USC 3561 – Sentence of Probation Conditions are set by the judge and can include staying out of the park where the offense occurred, community service, or check-ins with a probation officer.
Supervised release is different: it follows a term of imprisonment. For a misdemeanor other than a petty offense, the maximum is one year.9Office of the Law Revision Counsel. 18 USC 3583 – Inclusion of a Term of Supervised Release After Imprisonment Conditions resemble those of probation, and violating them can put you back in custody.
Restitution is where the real financial exposure often sits. When an NPS violation damages federal property and produces an identifiable pecuniary loss, the court can order restitution under 18 U.S.C. § 3663A, which applies to Title 18 property offenses, including misdemeanors.10Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes The amount is measured by what it costs to repair, restore, or replace the damaged resource. Restoration of a historic structure can easily exceed the $5,000 fine ceiling, and restitution is owed in addition to the fine, not in place of it.