§ 3110. Railroad vandalism

(a) Purpose. The purpose of this section is to prevent acts of vandalism to railroad property that affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b) Definitions. For purposes of this section:

(1) "Bodily injury" shall have the same meaning as in subdivision 1021(1) of this title.

(2) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(A) commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

(B) high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3) "Railroad carrier" means a person providing railroad transportation.

(4) "Railroad property" means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device. "Railroad property" does not include administrative buildings, administrative offices, or administrative office equipment.

(5) "Right-of-way" means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(6) "Serious bodily injury" shall have the same meaning as in subdivision 1021(2) of this title.

(c) Vandalism of railroad property. No person shall, with reckless disregard for railroad property or the safety of another, commit an act that causes damage to railroad property.

(d) Penalty for vandalism of railroad property.

(1) A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less.

(2) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00.

(3) A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e) Aggravated railroad vandalism. A person who intentionally causes damage to railroad property that results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.

(f) Penalty for aggravated railroad vandalism. A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both.

(g) If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured. (Added 2007, No. 164 (Adj. Sess.), § 46.)