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CITE

    18 USC Sec. 1992                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 97 - RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON
                  LAND, ON WATER, OR THROUGH THE AIR

HEAD

    Sec. 1992. Terrorist attacks and other violence against railroad
      carriers and against mass transportation systems on land, on
      water, or through the air

STATUTE

      (a) General Prohibitions. - Whoever, in a circumstance described
    in subsection (c), knowingly and without lawful authority or
    permission -
        (1) wrecks, derails, sets fire to, or disables railroad on-
      track equipment or a mass transportation vehicle;
        (2) places any biological agent or toxin, destructive
      substance, or destructive device in, upon, or near railroad on-
      track equipment or a mass transportation vehicle with intent to
      endanger the safety of any person, or with a reckless disregard
      for the safety of human life;
        (3) places or releases a hazardous material or a biological
      agent or toxin on or near any property described in subparagraph
      (A) or (B) of paragraph (4), with intent to endanger the safety
      of any person, or with reckless disregard for the safety of human
      life;
        (4) sets fire to, undermines, makes unworkable, unusable, or
      hazardous to work on or use, or places any biological agent or
      toxin, destructive substance, or destructive device in, upon, or
      near any -
          (A) tunnel, bridge, viaduct, trestle, track, electromagnetic
        guideway, signal, station, depot, warehouse, terminal, or any
        other way, structure, property, or appurtenance used in the
        operation of, or in support of the operation of, a railroad
        carrier, and with intent to, or knowing or having reason to
        know,(!1) such activity would likely, derail, disable, or wreck
        railroad on-track equipment; or
          (B) garage, terminal, structure, track, electromagnetic
        guideway, supply, or facility used in the operation of, or in
        support of the operation of, a mass transportation vehicle, and
        with intent to, or knowing or having reason to know,(!1) such
        activity would likely, derail, disable, or wreck a mass
        transportation vehicle used, operated, or employed by a mass
        transportation provider;
        (5) removes an appurtenance from, damages, or otherwise impairs
      the operation of a railroad signal system or mass transportation
      signal or dispatching system, including a train control system,
      centralized dispatching system, or highway-railroad grade
      crossing warning signal;
        (6) with intent to endanger the safety of any person, or with a
      reckless disregard for the safety of human life, interferes with,
      disables, or incapacitates any dispatcher, driver, captain,
      locomotive engineer, railroad conductor, or other person while
      the person is employed in dispatching, operating, controlling, or
      maintaining railroad on-track equipment or a mass transportation
      vehicle;
        (7) commits an act, including the use of a dangerous weapon,
      with the intent to cause death or serious bodily injury to any
      person who is on property described in subparagraph (A) or (B) of
      paragraph (4);
        (8) surveils, photographs, videotapes, diagrams, or otherwise
      collects information with the intent to plan or assist in
      planning any of the acts described in paragraphs (1) through (6);
        (9) conveys false information, knowing the information to be
      false, concerning an attempt or alleged attempt to engage in a
      violation of this subsection; or
        (10) attempts, threatens, or conspires to engage in any
      violation of any of paragraphs (1) through (9),
    shall be fined under this title or imprisoned not more than 20
    years, or both, and if the offense results in the death of any
    person, shall be imprisoned for any term of years or for life, or
    subject to death, except in the case of a violation of paragraph
    (8), (9), or (10).
      (b) Aggravated Offense. - Whoever commits an offense under
    subsection (a) of this section in a circumstance in which -
        (1) the railroad on-track equipment or mass transportation
      vehicle was carrying a passenger or employee at the time of the
      offense;
        (2) the railroad on-track equipment or mass transportation
      vehicle was carrying high-level radioactive waste or spent
      nuclear fuel at the time of the offense; or
        (3) the offense was committed with the intent to endanger the
      safety of any person, or with a reckless disregard for the safety
      of any person, and the railroad on-track equipment or mass
      transportation vehicle was carrying a hazardous material at the
      time of the offense that -
          (A) was required to be placarded under subpart F of part 172
        of title 49, Code of Federal Regulations; and
          (B) is identified as class number 3, 4, 5, 6.1, or 8 and
        packing group I or packing group II, or class number 1, 2, or 7
        under the hazardous materials table of section 172.101 of title
        49, Code of Federal Regulations,
    shall be fined under this title or imprisoned for any term of years
    or life, or both, and if the offense resulted in the death of any
    person, the person may be sentenced to death.
      (c) Circumstances Required for Offense. - A circumstance referred
    to in subsection (a) is any of the following:
        (1) Any of the conduct required for the offense is, or, in the
      case of an attempt, threat, or conspiracy to engage in conduct,
      the conduct required for the completed offense would be, engaged
      in, on, against, or affecting a mass transportation provider, or
      a railroad carrier engaged in interstate or foreign commerce.
        (2) Any person travels or communicates across a State line in
      order to commit the offense, or transports materials across a
      State line in aid of the commission of the offense.
      (d) Definitions. - In this section -
        (1) the term "biological agent" has the meaning given to that
      term in section 178(1);
        (2) the term "dangerous weapon" means a weapon, device,
      instrument, material, or substance, animate or inanimate, that is
      used for, or is readily capable of, causing death or serious
      bodily injury, including a pocket knife with a blade of less than
      2 1/2  inches in length and a box cutter;
        (3) the term "destructive device" has the meaning given to that
      term in section 921(a)(4);
        (4) the term "destructive substance" means an explosive
      substance, flammable material, infernal machine, or other
      chemical, mechanical, or radioactive device or material, or
      matter of a combustible, contaminative, corrosive, or explosive
      nature, except that the term "radioactive device" does not
      include any radioactive device or material used solely for
      medical, industrial, research, or other peaceful purposes;
        (5) the term "hazardous material" has the meaning given to that
      term in chapter 51 of title 49;
        (6) the term "high-level radioactive waste" has the meaning
      given to that term in section 2(12) of the Nuclear Waste Policy
      Act of 1982 (42 U.S.C. 10101(12));
        (7) the term "mass transportation" has the meaning given to
      that term in section 5302(a)(7) of title 49, except that the term
      includes intercity bus transportation (!2) school bus, charter,
      and sightseeing transportation and passenger vessel as that term
      is defined in section 2101(22) of title 46, United States Code;
        (8) the term "on-track equipment" means a carriage or other
      contrivance that runs on rails or electromagnetic guideways;
        (9) the term "railroad on-track equipment" means a train,
      locomotive, tender, motor unit, freight or passenger car, or
      other on-track equipment used, operated, or employed by a
      railroad carrier;
        (10) the term "railroad" has the meaning given to that term in
      chapter 201 of title 49;
        (11) the term "railroad carrier" has the meaning given to that
      term in chapter 201 of title 49;
        (12) the term "serious bodily injury" has the meaning given to
      that term in section 1365;
        (13) the term "spent nuclear fuel" has the meaning given to
      that term in section 2(23) of the Nuclear Waste Policy Act of
      1982 (42 U.S.C. 10101(23));
        (14) the term "State" has the meaning given to that term in
      section 2266;
        (15) the term "toxin" has the meaning given to that term in
      section 178(2); and
        (16) the term "vehicle" means any carriage or other contrivance
      used, or capable of being used, as a means of transportation on
      land, on water, or through the air.

SOURCE

    (Added Pub. L. 109-177, title I, Sec. 110(a), Mar. 9, 2006, 120
    Stat. 205; amended Pub. L. 110-53, title XV, Sec. 1539, Aug. 3,
    2007, 121 Stat. 468.)

PRIOR PROVISIONS

      A prior section 1992, acts June 25, 1948, ch. 645, 62 Stat. 794;
    Pub. L. 103-322, title VI, Sec. 60003(a)(8), title XXXIII, Sec.
    330016(1)(L), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104-88,
    title IV, Sec. 402(b), Dec. 29, 1995, 109 Stat. 955; Pub. L. 107-
    56, title VIII, Sec. 811(e), Oct. 26, 2001, 115 Stat. 381; Pub. L.
    107-273, div. B, title IV, Sec. 4002(a)(6), Nov. 2, 2002, 116 Stat.
    1807, related to penalties for wrecking a train used by a railroad
    in interstate or foreign commerce, prior to repeal by Pub. L. 109-
    177, title I, Sec. 110(a), Mar. 9, 2006, 120 Stat. 205.
                                AMENDMENTS
      2007 - Subsec. (d)(7). Pub. L. 110-53 inserted "intercity bus
    transportation" after "includes".

FOOTNOTE

    (!1) So in original. The comma probably should not appear.
    (!2) So in original. Probably should be followed by a comma.
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