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18 USC CHAPTER 97 - RAILROADS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 97 - RAILROADS

.

-HEAD-

CHAPTER 97 - RAILROADS

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Sec.

1991. Entering train to commit crime.

1992. Wrecking trains.

1993. Terrorist attacks and other acts of violence against mass

transportation systems.

HISTORICAL AND REVISION NOTES

This chapter does not include motor busses, interstate trucking

facilities or airplanes within the protection of existing law.

Motor busses and trucks already carry a huge amount of interstate

commerce. It is reasonable to presume that much interstate freight

and express will soon be carried by air.

Attention is directed to the consideration of the extension of

the laws now applicable only to railroads to these other interstate

facilities. 80th Congress House Report No. 304.

AMENDMENTS

2001 - Pub. L. 107-56, title VIII, Sec. 801(f), Oct. 26, 2001,

115 Stat. 376, added item 1993.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 35 of this title.

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18 USC Sec. 1991 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 97 - RAILROADS

-HEAD-

Sec. 1991. Entering train to commit crime

-STATUTE-

Whoever, in any Territory or District, or within or upon any

place within the exclusive jurisdiction of the United States,

willfully and maliciously trespasses upon or enters upon any

railroad train, railroad car, or railroad locomotive, with the

intent to commit murder or robbery, shall be fined under this title

or imprisoned not more than twenty years, or both.

Whoever, within such jurisdiction, willfully and maliciously

trespasses upon or enters upon any railroad train, railroad car, or

railroad locomotive, with intent to commit any unlawful violence

upon or against any passenger on said train, or car, or upon or

against any engineer, conductor, fireman, brakeman, or any officer

or employee connected with said locomotive, train, or car, or upon

or against any express messenger or mail agent on said train or in

any car thereof, or to commit any crime or offense against any

person or property thereon, shall be fined under this title or

imprisoned not more than one year, or both.

Upon the trial of any person charged with any offense set forth

in this section, it shall not be necessary to set forth or prove

the particular person against whom it was intended to commit the

offense, or that it was intended to commit such offense against any

particular person.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 794; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-294, title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 522 (Mar. 4, 1909, ch.

321, Sec. 322, 35 Stat. 1150).

After the word ''Whoever'' the following was inserted: ''in any

Territory or District, or within or upon any place within the

exclusive jurisdiction of the United States'' as based upon the

express provisions of title 18, U.S.C., 1940 ed., Sec. 511, wherein

this section is made applicable only ''in any Territory or

District, or within or upon any place within the exclusive

jurisdiction of the United States.''

Words ''whoever shall counsel, aid, abet, or assist in the

perpetration of any of the offenses set forth in this section shall

be deemed to be a principal therein'' were omitted as unnecessary.

Such persons are made principals by section 2 of this title.

Minor changes also were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000'' in second par.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

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18 USC Sec. 1992 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 97 - RAILROADS

-HEAD-

Sec. 1992. Wrecking trains

-STATUTE-

(a) Whoever willfully derails, disables, or wrecks any train,

engine, motor unit, or car used, operated, or employed in

interstate or foreign commerce by any railroad; or

Whoever willfully sets fire to, or places any explosive substance

on or near, or undermines any tunnel, bridge, viaduct, trestle,

track, signal, station, depot, warehouse, terminal, or any other

way, structure, property, or appurtenance used in the operation of

any such railroad in interstate or foreign commerce, or otherwise

makes any such tunnel, bridge, viaduct, trestle, track, signal,

station, depot, warehouse, terminal, or any other way, structure,

property, or appurtenance unworkable or unusable or hazardous to

work or use, with the intent to derail, disable, or wreck a train,

engine, motor unit, or car used, operated, or employed in

interstate or foreign commerce; or

Whoever willfully attempts to do any of the aforesaid acts or

things -

Shall be fined under this title or imprisoned not more than

twenty years, or both.

(b) Whoever is convicted of a violation of subsection (a) that

has resulted in the death of any person, shall be subject also to

the death penalty or to imprisonment for life.

Whoever is convicted of any such violation involving a train

that, at the time the violation occurred, carried high-level

radioactive waste (as that term is defined in section 2(12) of the

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent

nuclear fuel (as that term is defined in section 2(23) of the

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be

fined under this title and imprisoned for any term of years not

less than 30, or for life.

(c) A person who conspires to commit any offense defined in this

section shall be subject to the same penalties (other than the

penalty of death) as the penalties prescribed for the offense, the

commission of which was the object of the conspiracy.

-SOURCE-

(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.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 412a (June 8, 1940, ch.

286, 54 Stat. 255).

First clause in second paragraph of said section 412a of title

18, U.S.C., 1940 ed., was omitted as covered by section 3231 of

this title.

Words ''and on conviction thereof'' were omitted as surplusage

since punishment cannot be imposed until a conviction is secured.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 substituted ''term of years''

for ''term or years'' in last par.

2001 - Subsec. (c). Pub. L. 107-56 added subsec. (c).

1995 - Pub. L. 104-88, Sec. 402(b)(5), which directed amendment

of section by inserting ''(c)'' before ''A judgment'', could not be

executed because phrase ''A judgment'' did not appear subsequent to

amendment by Pub. L. 103-322, Sec. 60003(a)(8). See 1994 Amendment

note below.

Pub. L. 104-88, Sec. 402(b)(1)-(4), inserted ''(a)'' before

''Whoever willfully derails'' and ''(b)'' before ''Whoever is

convicted'', substituted ''a violation of subsection (a) that'' for

''any such crime, which'', and inserted last par.

1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted ''fined

under this title'' for ''fined not more than $10,000'' in fourth

par.

Pub. L. 103-322, Sec. 60003(a)(8), substituted a period for the

comma after ''imprisonment for life'' in penultimate par., and

struck out remainder of penultimate par. and last par. which read

as follows: ''if the jury shall in its discretion so direct, or, in

the case of a plea of guilty, if the court in its discretion shall

so order.

''A judgment of conviction or acquittal on the merits under the

laws of any State shall be a bar to any prosecution hereunder for

the same act or acts.''

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A, 2516, 3592

of this title.

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18 USC Sec. 1993 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 97 - RAILROADS

-HEAD-

Sec. 1993. Terrorist attacks and other acts of violence against

mass transportation systems

-STATUTE-

(a) General Prohibitions. - Whoever willfully -

(1) wrecks, derails, sets fire to, or disables a mass

transportation vehicle or ferry;

(2) places or causes to be placed any biological agent or toxin

for use as a weapon, destructive substance, or destructive device

in, upon, or near a mass transportation vehicle or ferry, without

previously obtaining the permission of the mass transportation

provider, and with intent to endanger the safety of any passenger

or employee of the mass transportation provider, or with a

reckless disregard for the safety of human life;

(3) sets fire to, or places any biological agent or toxin for

use as a weapon, destructive substance, or destructive device in,

upon, or near any garage, terminal, structure, supply, or

facility used in the operation of, or in support of the operation

of, a mass transportation vehicle or ferry, without previously

obtaining the permission of the mass transportation provider, and

knowing or having reason to know such activity would likely

derail, disable, or wreck a mass transportation vehicle or ferry

used, operated, or employed by the mass transportation provider;

(4) removes appurtenances from, damages, or otherwise impairs

the operation of a mass transportation signal system, including a

train control system, centralized dispatching system, or rail

grade crossing warning signal without authorization from the mass

transportation provider;

(5) interferes with, disables, or incapacitates any dispatcher,

driver, captain, or person while they are employed in

dispatching, operating, or maintaining a mass transportation

vehicle or ferry, with intent to endanger the safety of any

passenger or employee of the mass transportation provider, or

with a reckless disregard for the safety of human life;

(6) commits an act, including the use of a dangerous weapon,

with the intent to cause death or serious bodily injury to an

employee or passenger of a mass transportation provider or any

other person while any of the foregoing are on the property of a

mass transportation provider;

(7) conveys or causes to be conveyed false information, knowing

the information to be false, concerning an attempt or alleged

attempt being made or to be made, to do any act which would be a

crime prohibited by this subsection; or

(8) attempts, threatens, or conspires to do any of the

aforesaid acts,

shall be fined under this title or imprisoned not more than twenty

years, or both, if such act is committed, or in the case of a

threat or conspiracy such act would be committed, on, against, or

affecting a mass transportation provider engaged in or affecting

interstate or foreign commerce, or if in the course of committing

such act, that person travels or communicates across a State line

in order to commit such act, or transports materials across a State

line in aid of the commission of such act.

(b) Aggravated Offense. - Whoever commits an offense under

subsection (a) in a circumstance in which -

(1) the mass transportation vehicle or ferry was carrying a

passenger at the time of the offense; or

(2) the offense has resulted in the death of any person,

shall be guilty of an aggravated form of the offense and shall be

fined under this title or imprisoned for a term of years or for

life, or both.

(c) Definitions. - In this section -

(1) the term ''biological agent'' has the meaning given to that

term in section 178(1) of this title;

(2) the term ''dangerous weapon'' has the meaning given to that

term in section 930 of this title;

(3) the term ''destructive device'' has the meaning given to

that term in section 921(a)(4) of this title;

(4) the term ''destructive substance'' has the meaning given to

that term in section 31 of this title;

(5) the term ''mass transportation'' has the meaning given to

that term in section 5302(a)(7) of title 49, United States Code,

except that the term shall include schoolbus, charter, and

sightseeing transportation;

(6) the term ''serious bodily injury'' has the meaning given to

that term in section 1365 of this title;

(7) the term ''State'' has the meaning given to that term in

section 2266 of this title; and

(8) the term ''toxin'' has the meaning given to that term in

section 178(2) of this title.

-SOURCE-

(Added Pub. L. 107-56, title VIII, Sec. 801, Oct. 26, 2001, 115

Stat. 374.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A of this

title.

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