Montana Code 69-14-1205. 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.
Terms Used In Montana Code 69-14-1205
- Bodily injury: means :
(a)a cut, abrasion, bruise, burn, or disfigurement;
(b)physical pain;
(c)illness;
(d)impairment of the function of or loss of a bodily member, organ, or mental faculty; or
(e)any other injury to the body, no matter how temporary. See Montana Code 69-14-1203
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Railroad: means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. See Montana Code 69-14-1203
- Railroad carrier: means an entity that provides rail transportation. See Montana Code 69-14-1203
- Railroad property: means all tangible real and personal property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. See Montana Code 69-14-1203
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Serious bodily injury: means bodily injury that involves:
(a)a substantial risk of death;
(b)extreme physical pain;
(c)protracted and obvious disfigurement; or
(d)protracted impairment of the function of or loss of a bodily member, organ, or mental faculty. See Montana Code 69-14-1203
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vandalism to railroad property: means committing an act that may cause damage to railroad property or bodily injury to another person. See Montana Code 69-14-1203
(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.