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The fraudulent taking into a country, or out of it, merchandise which is lawfully prohibited. To bring something into a location secretly or by fraud.
Title 18 USC 545, makes it a Federal crime or offense to willfully smuggle merchandise into the United States in violation of the customs laws and regulations.
A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
First: That the person smuggled or clandestinely introduced merchandise into the United States without declaring the merchandise for invoicing as required under the customs laws and regulations;
Second: That the person knew that the merchandise was of a type that should have been invoiced; and
Third: That the person acted willfully with intent to defraud the United States.