18 U.S.C. § 1991: Entering train to commit crime

Summary

If a person in a U.S. territory, district, or other place under U.S. control goes onto a railroad train, car, or locomotive on purpose and with bad intent to commit murder or robbery, they can be fined under federal law, imprisoned for up to 20 years, or both. If the person goes on the train intending to hurt passengers or crew, or to commit any other crime against people or property on the train, they can be fined, jailed for up to 1 year, or both. In a trial, prosecutors do not have to say or prove a specific person was the planned target.

Title 18, §1991

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, in any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States, willfully and maliciously trespasses upon or enters upon any railroad train, railroad car, or railroad locomotive, with the intent to commit murder or robbery, shall be fined under this title or imprisoned not more than twenty years, or both. Whoever, within such jurisdiction, willfully and maliciously trespasses upon or enters upon any railroad train, railroad car, or railroad locomotive, with intent to commit any unlawful violence upon or against any passenger on said train, or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train or in any car thereof, or to commit any crime or offense against any person or property thereon, shall be fined under this title or imprisoned not more than one year, or both. Upon the trial of any person charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 522 (Mar. 4, 1909, ch. 321, § 322, 35 Stat. 1150). After the word “Whoever” the following was inserted: “in any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States” as based upon the express provisions of title 18, U.S.C., 1940 ed., § 511, wherein this section is made applicable only “in any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States.” Words “whoever shall counsel, aid, abet, or assist in the perpetration of any of the offenses set forth in this section shall be deemed to be a principal therein” were omitted as unnecessary. Such persons are made principals by section 2 of this title. Minor changes also were made in phraseology.

Editorial Notes

Amendments

1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in second par. 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in first par.

§1991 Entering Train to Commit Crime