§ 60123. Criminal penalties
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/usc/title-49/section-60123A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.)
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.
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- Presidential DocumentsFinal rule
- Proposed RulesNotice of proposed rulemaking
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- NoticesNotice of proposed amendments to sentencing guidelines, policy statements, and commentary
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16 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 1325
- Pub. L. 104–304
- 110 Stat. 3803
- Pub. L. 107–56, title VIII
- 115 Stat. 381
- Pub. L. 107–355
- 116 Stat. 2986
- Pub. L. 107–355, § 21(4)
- Pub. L. 107–355, § 8(c)
- Pub. L. 107–355, § 3(c)(1)
- Pub. L. 107–355, § 3(c)(2)
- Pub. L. 107–355, § 3(c)(3)
- Pub. L. 107–56
- Pub. L. 104–304, § 18(b)(1)
- Pub. L. 104–304, § 14
Citation graph
cites case law
§ 60123
Criminal penalties
Fed. Reg.×21
U.S.C.×5
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1325
Pub. L.Pub. L. 104–304
Stat.110 Stat. 3803
Pub. L.Pub. L. 107–56, title VIII
Cites 16 · showing 5Cited by 26 across 2 sources