§ 1992. — Wrecking trains.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1992]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 97--RAILROADS
Sec. 1992. Wrecking trains
(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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in sections 2332b, 2339A, 2516, 3592 of
this title.
