Us Code § 60123 - Criminal penalties
Full text of Us Code United States Code § 60123 — Criminal penalties, with citation guidance and answers to common questions.
§ 60123. Criminal penalties
(a)
(b)
(c)
(d)
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60123(a) | 49 App.:1679a(c)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §304(b), 106 Stat. 3308. |
| 49 App.:2007(c)(1). | Nov. 30, 1979, Pub. L. 96–129, §208(c)(1), (2), 93 Stat. 1010. | |
| 60123(b) | 49 App.:1679a(c)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, §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, §11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §107, 102 Stat. 2807. |
| 49 App.:2007(c)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §206, 102 Stat. 2811. | |
| 60123(d) | 49 App.:1687(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(g); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3307. |
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.
Editorial Notes
Amendments
2002—Subsec. (a). Pub. L. 107–355, §21(4), substituted "60114(b)" for "60114(c)".
Subsec. (b). Pub. L. 107–355, §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, §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, §3(c)(2), inserted "knowingly and willfully" before "engages".
Subsec. (d)(2)(B). Pub. L. 107–355, §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, §18(b)(1), substituted ", 60118(a), or 60128" for "or 60118(a)".
Subsec. (d)(2). Pub. L. 104–304, §14, added subpar. (B) and redesignated former subpar. (B) as (C).
About This Section
49 U.S.C. § 60123 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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