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The penalty for any crime depends on the laws in effect in the country/ state/ location where the crime is committed.

For example, being caught smuggling diamonds into the US, regardless of the point of entry would be a federal crime, since America's borders are protected by an arm of the US government: Homeland Security.

In addition to the penalty, you would loose the stones as they would be confiscated.

As an alternative, you could declare the stones and pay the duty on them, then bring them into the United States. Note that you may be challenged as to the source of the stones, so a Kimberly Process Certificate as to their origin would part of the documentation you'd present at the border.

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