§ 60123. — Criminal penalties.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60123]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60123. Criminal penalties
(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, Sec. 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104-
304, Secs. 14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L.
107-56, title VIII, Secs. 810(h), 811(k), Oct. 26, 2001, 115 Stat. 381,
382; Pub. L. 107-355, Secs. 3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat.
2986, 2994, 3010.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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60123(a).............................. 49 App.:1679a(c)(1). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 11(c)(1); added Nov. 30,
1979, Pub. L. 96-129, Sec. 104(b), 93
Stat. 992; Oct. 24, 1992, Pub. L. 102-
508, Sec. 304(b), 106 Stat. 3308.
49 App.:2007(c)(1). Nov. 30, 1979, Pub. L. 96-129, Sec.
208(c)(1), (2), 93 Stat. 1010.
60123(b).............................. 49 App.:1679a(c)(2). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 11(c)(2); added Nov. 30,
1979, Pub. L. 96-129, Sec. 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, Sec. 11(c)(3); added Oct. 31,
1988, Pub. L. 100-561, Sec. 107, 102
Stat. 2807.
49 App.:2007(c)(3). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 208(c)(3); added Oct. 31,
1988, Pub. L. 100-561, Sec. 206, 102
Stat. 2811.
60123(d).............................. 49 App.:1687(g). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 20(g); added Oct. 24, 1992,
Pub. L. 102-508, Sec. 304(a), 106
Stat. 3307.
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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, Sec. 21(4), substituted
``60114(b)'' for ``60114(c)''.
Subsec. (b). Pub. L. 107-355, Sec. 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, Sec. 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, Sec. 3(c)(2), inserted ``knowingly
and willfully'' before ``engages''.
Subsec. (d)(2)(B). Pub. L. 107-355, Sec. 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, Sec. 18(b)(1), substituted ``,
60118(a), or 60128'' for ``or 60118(a)''.
Subsec. (d)(2). Pub. L. 104-304, Sec. 14, added subpar. (B) and
redesignated former subpar. (B) as (C).
Section Referred to in Other Sections
This section is referred to in section 60108 of this title; title 18
sections 2332b, 2339A, 2516.
