§60123. Criminal penalties

(a) General Penalty.-A person knowingly and willfully violating section 60114(c),¹ 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, or attempting to damage or destroy, an interstate gas pipeline facility or interstate hazardous liquid pipeline facility shall be fined under title 18, imprisoned for not more than 15 years, or both.

(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 knowingly and willfully-

(1) 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 that 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.

( 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.)

Historical and Revision Notes

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.

References in Text

Section 60114(c) of this title, referred to in subsec. (a), was redesignated section 60114(b) by Pub. L. 104–304, §20(d), Oct. 12, 1996, 110 Stat. 3804 .

Amendments

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).

Section Referred to in Other Sections

This section is referred to in section 60108 of this title; title 18 sections 2332b, 2516.

¹ See References in Text note below.