Terms Used In Montana Code > Title 69 > Chapter 14 > Part 12 - Railroad Vandalism Prevention Act

• 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

• Enter railroad property: includes but is not limited to performing vandalism or other unlawful activity on railroad property. See Montana Code 69-14-1203
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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.
• Right-of-way: means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as railroad property by fencing or appropriate signs. See Montana Code 69-14-1203
• 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
• Yard: means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs. See Montana Code 69-14-1203