49-U.S.C.-60123
§60123 – Criminal Penalties
Pathway
Title 49 > Subtitle VIII > Chapter 601 > Section 60123
Details
- Reference: Section 60123
- Legend: §60123 – Criminal Penalties
- USCode Year: 2013
Provision Content
(a) General Penalty.—A person knowingly and willfully violating section 60114(b), 60118(a), or 60128 of this title or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.
(b) Penalty for Damaging or Destroying Facility.—A person knowingly and willfully damaging or destroying an interstate gas pipeline facility, an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.
(c) Penalty for Damaging or Destroying Sign.—A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both.
(d) Penalty for Not Using One-Call Notification System or Not Heeding Location Information or Markings.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—
(1) knowingly and willfully engages in an excavation activity—
(A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or
(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and
(2) subsequently damages—
(A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;
(B) a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or
(C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.
Penalties under this subsection may be reduced in the case of a violation that is promptly reported by the violator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60123(a) | 49 App.:1679a(c)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §304(b), 106 Stat. 3308. |
| 49 App.:2007(c)(1). | Nov. 30, 1979, Pub. L. 96–129, §208(c)(1), (2), 93 Stat. 1010. | |
| 60123(b) | 49 App.:1679a(c)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
| 49 App.:2007(c)(2). | ||
| 60123(c) | 49 App.:1679a(c)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §107, 102 Stat. 2807. |
| 49 App.:2007(c)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §206, 102 Stat. 2811. | |
| 60123(d) | 49 App.:1687(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(g); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3307. |
In this section, the words upon conviction . . . subject, for each offense, to and a term are omitted as surplus.
In subsections (a)–(c), the words fined under title 18 are substituted for a fine of not more than $25,000 and a fine of not more than $5,000 for consistency with title 18.
In subsection (a), the word prescribed is added for consistency in the revised title and with other titles of the United States Code. The words including any order issued under section 1677(b) and 1679b(b) of this Appendix in 49 App.:1679a(c)(1) and including any order issued under section 2006(b) or 2008(b) of the Appendix in 49 App.:2007(c)(1) are omitted as surplus.
In subsection (b), the word damaging is substituted for injures, and the word damage is substituted for injure, for clarity.
Amendments
2002—Subsec. (a). Pub. L. 107–355, §21(4), substituted 60114(b) for 60114(c).
Subsec. (b). Pub. L. 107–355, §8(c), substituted gas pipeline facility, an for gas pipeline facility or and inserted , or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce after liquid pipeline facility.
Subsec. (d). Pub. L. 107–355, §3(c)(1), (4), struck out knowingly and willfully after if the person in introductory provisions and inserted concluding provisions.
Subsec. (d)(1). Pub. L. 107–355, §3(c)(2), inserted knowingly and willfully before engages.
Subsec. (d)(2)(B). Pub. L. 107–355, §3(c)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or.
2001—Subsec. (b). Pub. L. 107–56 struck out , or attempting to damage or destroy, before an interstate gas pipeline facility, inserted , or attempting or conspiring to do such an act, before shall be fined under title 18, and substituted 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life. for 15 years, or both.
1996—Subsec. (a). Pub. L. 104–304, §18(b)(1), substituted , 60118(a), or 60128 for or 60118(a).
Subsec. (d)(2). Pub. L. 104–304, §14, added subpar. (B) and redesignated former subpar. (B) as (C).
U.S. Encyclopedia of Law Coverage
49-U.S.C.-60112 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-60112, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-60112 in the Legal Encyclopedia: Safety
In this entry about 49-U.S.C.-60112, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.
49-U.S.C.-60101 in the Legal Encyclopedia: Pipelines
In this entry about 49-U.S.C.-60101, find legal reference material, bibliographies and premiere content related to pipelines in the American Encyclopedia of Law, presenting a comprehensive view of the United States pipelines-specific issues, written by authorities in the field.
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