18 U.S.C. § 1992 — Terrorist attacks and other violence

Page 494 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1991 1 So in original. The comma probably should not appear. CHAPTER 97—RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR Sec. 1991. Entering train to commit crime. 1992. Terrorist attacks and other violence against railroad carriers and against mass transpor- tation systems on land, on water, or through the air. HISTORICAL AND REVISION NOTES This chapter does not include motor busses, inter- state trucking facilities or airplanes within the protec- tion of existing law. Motor busses and trucks already carry a huge amount of interstate commerce. It is rea- sonable to presume that much interstate freight and express will soon be carried by air. Attention is directed to the consideration of the ex- tension of the laws now applicable only to railroads to these other interstate facilities. 80th Congress House Report No. 304. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, title I, § 110(b)(1), Mar. 9, 2006, 120 Stat. 208, substituted ‘‘RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR’’ for ‘‘RAILROADS’’ in chapter heading, added item 1992, and struck out former items 1992 ‘‘Wrecking trains’’ and 1993 ‘‘Ter- rorist attacks and other acts of violence against public transportation systems’’. 2005—Pub. L. 109–59, title III, § 3042(b), Aug. 10, 2005, 119 Stat. 1640, substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in item 1993. 2001—Pub. L. 107–56, title VIII, § 801(f), Oct. 26, 2001, 115 Stat. 376, added item 1993. § 1991. Entering train to commit crime Whoever, in any Territory or District, or with- in or upon any place within the exclusive juris- diction of the United States, willfully and mali- ciously trespasses upon or enters upon any rail- road 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 loco- motive, with intent to commit any unlawful vio- lence 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. (June 25, 1948, ch. 645, 62 Stat. 794; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 522 (Mar. 4, 1909, ch. 321, § 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., § 511, wherein this section is made ap- plicable 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 prin- cipals by section 2 of this title. Minor changes also were made in phraseology. Editorial Notes 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. § 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air (a) GENERAL PROHIBITIONS.—Whoever, in a cir- cumstance described in subsection (c), know- ingly and without lawful authority or permis- sion— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass trans- portation vehicle; (2) places any biological agent or toxin, de- structive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle with intent to en- danger 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 dis- regard for the safety of human life; (4) sets fire to, undermines, makes unwork- able, unusable, or hazardous to work on or use, or places any biological agent or toxin, de- structive 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 in- tent to, or knowing or having reason to know,1 such activity would likely, derail, disable, or wreck railroad on-track equip- ment; or (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facil- ity used in the operation of, or in support of the operation of, a mass transportation vehi- cle, and with intent to, or knowing or having reason to know,1 such activity would likely, Page 495 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1992 2 See References in Text note below. 3 So in original. Probably should be followed by a comma. derail, disable, or wreck a mass transpor- tation vehicle used, operated, or employed by a mass transportation provider; (5) removes an appurtenance from, damages, or otherwise impairs the operation of a rail- road signal system or mass transportation sig- nal or dispatching system, including a train control system, centralized dispatching sys- tem, or highway-railroad grade crossing warn- ing 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, cap- tain, 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, dia- grams, 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 en- gage 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 im- prisoned for any term of years or for life, or sub- ject 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 pas- senger 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 in- tent 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 sub- part 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 haz- ardous 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 of- fense 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 of- fense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the con- duct 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 of- fense, 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 sub- stance, animate or inanimate, that is used for, or is readily capable of, causing death or seri- ous bodily injury, including a pocket knife with a blade of less than 21⁄2 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, mechan- ical, or radioactive device or material, or mat- ter of a combustible, contaminative, corrosive, or explosive nature, except that the term ‘‘ra- dioactive device’’ does not include any radio- active device or material used solely for med- ical, 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) 2 of title 49, except that the term in- cludes intercity bus transportation 3 school bus, charter, and sightseeing transportation and passenger vessel as that term is defined in section 2101(31) 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 Page 496 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 1993 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. (Added Pub. L. 109–177, title I, § 110(a), Mar. 9, 2006, 120 Stat. 205; amended Pub. L. 110–53, title XV, § 1539, Aug. 3, 2007, 121 Stat. 468; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(3), Aug. 13, 2018, 132 Stat. 2323.) Editorial Notes REFERENCES IN TEXT Section 5302 of title 49, referred to in subsec. (d)(7), was amended generally by Pub. L. 112–141, div. B, § 20004, July 6, 2012, 126 Stat. 623, and, as so amended, no longer defines the term ‘‘mass transportation’’. PRIOR PROVISIONS A prior section 1992, acts June 25, 1948, ch. 645, 62 Stat. 794; Pub. L. 103–322, title VI, § 60003(a)(8), title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 1969, 2147; Pub. L. 104–88, title IV, § 402(b), Dec. 29, 1995, 109 Stat. 955; Pub. L. 107–56, title VIII, § 811(e), Oct. 26, 2001, 115 Stat. 381; Pub. L. 107–273, div. B, title IV, § 4002(a)(6), Nov. 2, 2002, 116 Stat. 1807, related to penalties for wrecking a train used by a railroad in interstate or for- eign commerce, prior to repeal by Pub. L. 109–177, title I, § 110(a), Mar. 9, 2006, 120 Stat. 205. AMENDMENTS 2018—Subsec. (d)(7). Pub. L. 115–232 substituted ‘‘sec- tion 2101(31)’’ for ‘‘section 2101(22)’’. 2007—Subsec. (d)(7). Pub. L. 110–53 inserted ‘‘intercity bus transportation’’ after ‘‘includes’’. [§ 1993. Repealed. Pub. L. 109–177, title I, § 110(a), Mar. 9, 2006, 120 Stat. 205] Section, added Pub. L. 107–56, title VIII, § 801, Oct. 26, 2001, 115 Stat. 374; amended Pub. L. 108–21, title VI, § 609, Apr. 30, 2003, 117 Stat. 692; Pub. L. 109–59, title III, § 3042(a), Aug. 10, 2005, 119 Stat. 1639, related to terrorist attacks and other acts of violence against public trans- portation systems. See section 1992 of this title. [CHAPTER 99—REPEALED] [§§ 2031, 2032. Repealed. Pub. L. 99–646, § 87(c)(1), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(1), Nov. 14, 1986, 100 Stat. 3663] Section 2031, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed penalties for commission of rape within spe- cial maritime and territorial jurisdiction. Section 2032, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed penalties for carnal knowledge of female under 16 within special maritime and territorial juris- diction. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 99–646 and Pub. L. 99–654 effective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87 of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of this title. CHAPTER 101—RECORDS AND REPORTS Sec. 2071. Concealment, removal, or mutilation gen- erally. Sec. 2072. False crop reports. 2073. False entries and reports of moneys or securi- ties. 2074. False weather reports. 2075. Officer failing to make returns or reports. 2076. Clerk of United States District Court. § 2071. Concealment, removal, or mutilation gen- erally (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or impris- oned not more than three years, or both. (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully con- ceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be dis- qualified from holding any office under the United States. As used in this subsection, the term ‘‘office’’ does not include the office held by any person as a retired officer of the Armed Forces of the United States. (June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101–510, div. A, title V, § 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 234, 235 (Mar. 4, 1909, ch. 321, §§ 128, 129, 35 Stat. 1111, 1112). Section consolidates sections 234 and 235 of title 18, U.S.C., 1940 ed. Reference in subsection (a) to intent to steal was omitted as covered by section 641 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’ in subsecs. (a) and (b). 1990—Subsec. (b). Pub. L. 101–510 inserted at end ‘‘As used in this subsection, the term ‘office’ does not in- clude the office held by any person as a retired officer of the Armed Forces of the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–510, div. A, title V, § 552(b), Nov. 5, 1990, 104 Stat. 1567, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1989.’’ § 2072. False crop reports Whoever, being an officer or employee of the United States or any of its agencies, whose du- ties require the compilation or report of statis- tics or information relating to the products of the soil, knowingly compiles for issuance, or issues, any false statistics or information as a report of the United States or any of its agen-