18 U.S. Code § 1992 - Terrorist Attacks Against Mass Transportation
The United States has enacted strict laws designed to protect its transportation infrastructure against acts of violence and terrorism, not only for economic interests but as a matter of national security.
Title 18 U.S.C. 1992 explicitly addresses the crime of committing terrorist attacks and other violence against railroad carriers and mass transportation systems affecting interstate and foreign commerce.
This statute is a crucial aspect of national security law, aiming to protect critical infrastructure from acts of terrorism and violence that could endanger public safety.
A related federal law, Section 2332b of Title 18, U.S.C., was enacted as part of the Antiterrorism and Effective Death Penalty Act 1996.
Section 2332b is intended to reach violent international terrorist activity that takes place within the United States, where at least a part of that activity also occurs outside the United States.
Violent conduct can be targeted against persons or property within the United States. The statute covers such conduct when it violates either Federal or state law.
It sets forth a broad spectrum of bases to assert federal jurisdiction. It provides for consecutive punishment in addition to any other federal offense committed.
Subsection 2332b(e) also gives the Federal Bureau of Investigation (FBI)) primary investigative authority for all "federal crimes of terrorism," as that term is defined in 2332b(f).
Another related federal law is 18 U.S. Code 1991, entering train to commit a crime, which says "whoever willfully and maliciously trespasses upon or enters upon any railroad 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."
If you or someone you know is accused of violating these laws, it's essential to understand its components, the elements constituting the crime, potential penalties, and common defenses.
What is Terrorism?
18 U.S.C. 1992 outlines a relatively extensive list of activities that constitute terrorism against a railroad carrier or other mass transportation systems. Let's look at a summary of these actions:
- Damaging Transportation Equipment: Deliberately damaging, setting fire to, or disabling railroad equipment or public vehicles.
- Endangering Safety: Placing dangerous substances like toxins or explosives on or near transportation equipment to endanger lives or with reckless disregard for human safety.
- Releasing Hazardous Materials: Introducing hazardous materials or biological agents near transportation infrastructure to endanger lives or with reckless disregard for human safety.
- Sabotaging Infrastructure: Targeting critical infrastructure such as tunnels, bridges, tracks, or stations by setting fires, placing explosives, or other destructive acts likely to cause severe disruptions or accidents.
- Impairing Operation Systems: Removing or damaging components vital for the operational safety of railroad or public transportation signaling and dispatch systems.
- Interfering with Operators: Intentionally interfering with or hindering transportation personnel to endanger safety.
- Harmful Intentions: Attacking individuals on transportation properties with the intent to cause severe injury or death.
- Information Gathering for Harm: Collecting information or conducting surveillance to plan or assist in planning harmful acts against transportation systems.
- Spreading False Information: Deliberately communicating false information about potential threats or disruptions to transportation safety.
- Conspiring or Attempting to Harm: Attempting, threatening, or conspiring with others to commit any of the above actions.
While 18 U.S.C. 1992 specifically addresses the infrastructure and vehicles associated with railway systems, for purposes of this law, "mass transportation" refers to a wide range of public transportation systems, including, but not limited to:
- City buses.
- Charter buses.
- Passenger vessels; and
- Sightseeing vehicles on land, water, or air.
What is Jurisdiction?
18 U.S.C. 1992 supersedes the authority of any state laws protecting mass transport systems if the criminal act touches "interstate or foreign commerce."
What this means is that you can be charged with a federal crime for a terrorist act under this law if either of the following is true:
- You committed the act against a railroad carrier or mass transportation provider engaged in interstate or foreign commerce (i.e., across state or international boundaries) or
- You crossed state or international boundaries to commit the offense.
What Must Be Proven to Convict?
To prosecute an individual under 18 U.S.C. 1992, the government must prove specific elements beyond a reasonable doubt:
- Knowledge and Intent: The accused must have knowingly engaged in the prohibited conduct with the intent to endanger human life or with reckless disregard for human safety.
- Unlawful Authority: The actions must have been performed without lawful authority or permission.
- Impact on Transportation Systems: The conduct must have directly affected the safety or operations of mass transportation systems, such as railroads or electronic guideways.
What are the Penalties?
Violations of 18 U.S.C. 1992 carry severe penalties, reflecting the gravity of endangering public safety and critical infrastructure.
For General Violations:
You could face the following penalties if convicted:
- Fines up to $250,000; and
- Imprisonment for up to 20 years.
Aggravated Violations:
If aggravating factors exist, the penalties for conviction escalate to possible life imprisonment and, in some cases, even the death penalty. You could face these severe penalties if:
- The train or mass transportation vehicle was carrying employees or passengers.
- The train or mass transportation vehicle was carrying radioactive waste or other hazardous materials and was placarded as such, or
- If your actions resulted in a person's death.
What are the Common Defenses?
Despite the seriousness of this offense, a skilled federal criminal defense attorney can still implement specific defense strategies to prove your innocence. These include, but are not limited to:
- Lack of Criminal Intent: You did not knowingly engage in the prohibited conduct or did not intend to endanger human life. For example, perhaps you placed hazardous material on a train to transport it, unaware that you were endangering the public or violating the law.
- Alibi: A strong defense can be a strong alibi if you provide evidence that you were elsewhere when the crime occurred. This might involve witness testimony, video footage, or other proof demonstrating your location at the relevant time.
- Coercion or Duress: If you can show that you committed the offense because you or a family member were placed under imminent threat of harm, this can be used as a defense.
What Does the Federal Law Say?
The language of 18 U.S. Code 1992 terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air says,
(a) General Prohibitions.-Whoever, in a circumstance described in subsection (c), knowingly and without lawful authority or permission-
(1) wrecks, derails, sets fire to or disables railroad on-track equipment or a mass transportation vehicle.
(2) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle with intent to endanger 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 disregard for the safety of human life.
(4) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive 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 intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment; or
(B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider.
(5) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning 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, captain, 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 the property described in subparagraph (A) or (B) of paragraph (4).
(8) surveils, photographs, videotapes, diagrams, 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 engage 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 imprisoned for any term of years or life, or subject 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 carrying a passenger or employee during 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 intent 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 hazardous material at the time of the offense.
(d) Definitions.-In this section-
The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of fewer than 2½ inches in length and a box cutter.
The term "destructive substance" means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term "radioactive device" does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes.
The term "on-track equipment" means a carriage or other contrivance that runs on rails or electromagnetic guideways.
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.
The term "vehicle" means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, water, or air. For additional information, contact our Federal criminal defense lawyers at Eisner Gorin LLP, which is based in Los Angeles, California.
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