(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a railroad or electric railway, including anything appertaining to the railroad or electric railway or any material or instrument for the construction of the railroad or electric railway.

(B) A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars, or imprisoned not more than five years, or both.

(C) A person who violates this section resulting in the endangerment of another person's life or great bodily injury to another person is guilty of a felony, and, upon conviction, must be imprisoned not more than twenty years. "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(D) A person who violates this section resulting in the death of another person is guilty of a felony, and, upon conviction, must be imprisoned not more than thirty years.

(E) In addition to the penalties provided by subsections (B), (C), and (D), except in the case of an electric railway, the person shall forfeit to the railroad company for each offense treble the damages proved to have been sustained to be recovered in a tort action in the railroad company's name.

HISTORY: 1962 Code Section 58-738; 1952 Code Section 58-738; 1942 Code Sections 1198, 8451; 1932 Code Sections 1198, 8468; Civ. C. '22 Section 5004; Cr. C. '22 Section 87; Civ. C. '12 Section 3306; Cr. C. '12 Section 248; Civ. C. '02 Section 2200; Cr. C. '02 Section 191; G. S. 1518, 1519; R. S. 180, 1733; 1881 (17) 832; 1906 (25) 47; 2014 Act No. 189 (S.560), Section 1, eff June 2, 2014.