§2. Vandalism and graffiti against mass transportation systems; assaults committed on mass transportation systems
This section establishes two new federal criminal offenses in chapter 97 of title 18, U.S. Code, by inserting §§ 1993 and 1994 after § 1992.
Section 1993 criminalizes knowingly defacing or damaging mass transportation vehicles, facilities, or property (as defined in § 1992(d)) via graffiti or tagging, or possessing tools or materials with intent to do so, if the offense affects interstate or foreign commerce, involves property used in or affecting such commerce, or involves federally funded property. Penalties include fines, imprisonment for up to 5 years (or up to 10 years if damage exceeds $1,000 or the offender has a prior conviction under this section or comparable state law), and mandatory restitution for repair, cleanup, or replacement costs.
Section 1994 criminalizes knowingly assaulting a transit worker (e.g., operator, conductor, driver, maintenance, or security personnel) on duty or a passenger on or at a mass transportation vehicle, facility, or property, under the same jurisdictional circumstances as § 1993(c). Penalties include fines and imprisonment for 5 to 20 years for simple assaults, or not less than 15 years to 20 years for aggravated assaults (involving a dangerous weapon, resulting in serious bodily injury, or with a prior conviction under this section, § 111, or comparable state law).
This section also makes a conforming amendment to the chapter's table of contents.