Public Transit Crime Prevention Act

“1993. Vandalism and graffiti against mass transportation systems

“(a) Offenses—Whoever, in a circumstance described in subsection (c), knowingly—

“(1) defaces, damages, destroys, or disfigures any mass transportation vehicle, facility, or property (as such terms are defined in section 1992(d)) by means of graffiti, tagging, or other form of inscription or defacement; or

“(2) possesses tools, materials, or equipment that may be used to commit an act described in paragraph (1) with the intent to use such items to commit an act described in paragraph (1),

“(b) Penalties

“(1) In general—Whoever commits an offense under subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both.

“(2) Aggravated offenses—Whoever commits an offense under subsection (a)—

“(A) that results in damage or loss exceeding $1,000; or

“(B) having been previously convicted under this section or under a comparable State law that prohibits vandalism or graffiti,

“(c) Jurisdictional circumstances—The circumstances referred to in subsection (a) are that—

“(1) the offense affects interstate or foreign commerce;

“(2) the mass transportation vehicle, facility, or property is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce; or

“(3) the mass transportation vehicle, facility, or property receives Federal funding.

“(d) Restitution—Upon a conviction under this section, the court shall order restitution in an amount equal to the total cost of repair to, cleanup of, or replacement of the mass transportation vehicle, facility, or property, resulting from the offense.

“1994. Assaults committed on mass transportation systems

“(a) Offenses—Whoever, in a circumstance described in subsection (c) of section 1993, knowingly—

“(1) assaults a transit worker (including an operator, conductor, driver, maintenance personnel, or security personnel) while such worker is engaged in the performance of their duties on or in connection with a mass transportation vehicle, facility, or property; or

“(2) assaults a passenger on a mass transportation vehicle or at a mass transportation facility or property,

“(b) Penalties

“(1) Simple assault—Except as provided in paragraph (2), whoever commits an offense under subsection (a) shall be fined under this title, imprisoned for not less than 5 years and not more than 20 years, or both.

“(2) Aggravated assault—Whoever commits an offense under subsection (a)—

“(A) that involves the use of a dangerous weapon;

“(B) that results in serious bodily injury; or

“(C) having been previously convicted under this section, section 111, or comparable State law prohibiting assault,”