other than as designated by the Secretary of 
Homeland Security; 
‘‘(B) knowingly eludes, at any time or 
place, examination or inspection by an author-
ized immigration, customs, or agriculture offi-
cer (including by failing to stop at the com-
mand of such officer); 
‘‘(C) knowingly enters or crosses the bor-
der to the United States and, upon examination 
or inspection, knowingly makes a false or mis-
leading representation or the knowing conceal-
ment of a material fact (including such rep-
resentation or concealment in the context of ar-
rival, reporting, entry, or clearance require-
ments of the customs laws, immigration laws, 
agriculture laws, or shipping laws); 
‘‘(D) knowingly violates the terms or con-
ditions of the alien’s admission or parole into 
the United States; or 
‘‘(E) knowingly is unlawfully present in the 
United 
States 
(as 
defined 
in 
section 
212(a)(9)(B)(ii) subject to the exceptions set 
for in section 212(a)(9)(B)(iii)). 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1)— 
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‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 months, or both; 
‘‘(B) shall, for a second or subsequent vio-
lation, or following an order of voluntary depar-
ture, be fined under such title, imprisoned not 
more than 2 years (or not more than 6 months 
in the case of a second or subsequent violation 
of paragraph (1)(E)), or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of 3 or more mis-
demeanors or for a felony, shall be fined under 
such title, imprisoned not more than 10 years, 
or both; 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 30 months, shall be fined under 
such title, imprisoned not more than 15 years, 
or both; and 
‘‘(E) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 60 months, such alien shall be 
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fined under such title, imprisoned not more 
than 20 years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) through (E) of 
paragraph (2) are elements of the offenses described 
and the penalties in such subparagraphs shall apply 
only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
‘‘(4) DURATION
OF
OFFENSE.—An offense 
under this subsection continues until the alien is dis-
covered within the United States by an immigration, 
customs, or agriculture officer. 
‘‘(5) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in 
the same manner as for a completion of such of-
fense. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering, at-
tempting to enter, or knowingly crossing or attempting to 
cross the border to the United States at a time or place 
other than as designated by immigration officers shall be 
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