Montana Code Annotated 2017

TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 14. RAILROADS

Part 12. Railroad Vandalism Prevention Act

Intentional Vandalism To Railroad Property

69-14-1205. Intentional vandalism to railroad property. (1) A person commits the offense of intentional vandalism to railroad property if the person knowingly or purposely vandalizes railroad property.

(2) A person convicted of intentional vandalism to railroad property must be ordered to make restitution to the railroad carrier in the amount of the cost to repair any railroad property damaged, the cost of any train or shipment delay, and the cost of any accident or damage resulting from the vandalism.

(3) (a) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property does not exceed $1,000 and in which there is no bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $1,000 or be incarcerated in the county jail for a term not to exceed 6 months, or both.

(b) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property exceeds $1,000 or in which there is bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 10 years, or both.

(c) A person convicted of the offense of intentional vandalism to railroad property that results in serious bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $20,000 or be incarcerated in a state prison for a term not to exceed 20 years, or both.

(d) A person convicted of the offense of intentional vandalism to railroad property that results in the death of another person as a result of the offender's actions shall be fined an amount not to exceed $50,000 or be incarcerated in a state prison for a term not to exceed 40 years, or both.

History: En. Sec. 5, Ch. 432, L. 2001; amd. Sec. 1, Ch. 490, L. 2003.