32.—(1) A person on board a vessel in Irish waters or on an Irish ship in waters anywhere who through any deliberate or reckless action or by reason of being under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol puts at risk or endangers the safety, security or seaworthiness of the vessel or the lives or safety of persons on board is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.

(3) In a prosecution of an offence under this section it is a defence for the defendant to show that he or she could have avoided committing the offence only by disobeying a lawful command.