(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any
damage, malfunction, nonfunction, theft, or unauthorized removal of material which
would result in the creation of a substantial risk of death or serious bodily injury to
anyone; or
(b) Repealed.
(c) On a public conveyance, knowingly threatens any operator, crew member,
attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief
that such person is armed with a deadly weapon.
(d) Repealed.
(1.5) A person commits endangering utility transmission if such person
tampers with a facility of utility transmission with intent to cause any damage,
malfunction, nonfunction, theft, or unauthorized removal of material which would:
(a) Interrupt performance of utility transmission; or
(b) Result in a creation of a substantial risk of death or serious bodily injury
to anyone.
(2) Public means offered or available to the public generally, either free or
upon payment of a fare, fee, rate, or tariff, or offered or made available by a school
or school district to pupils regularly enrolled in public or nonpublic schools in
preschool through grade twelve.
(3) Public conveyance includes a passenger or freight train, airplane, bus,
truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended,
designed, adapted, and used for the public carriage of persons or property.
(4) Facility of public transportation includes a public conveyance and any
area, structure, or device which is designed, adapted, and used to support, guide,
control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or
servicing of a public conveyance or the loading or unloading of passengers, freight,
or goods.
(4.5) Facility of utility transmission includes any area, structure, or device
that is designed, adopted, or used to support, guide, control, permit, or facilitate
transmission of:
(a) Electrical energy in excess of thirty thousand volts; or
(b) Water, liquid fuel, or gaseous fuel by pipeline.
(5) Endangering public transportation or endangering utility transmission is
a class 3 felony.
L. 71: R&RE, p. 471, § 1. C.R.S. 1963: § 40-9-116. L. 77: (1)(c) amended, p. 969, § 56, effective July 1. L. 94: (1) amended, p. 1344, § 1, effective July 1. L. 96: (2) amended, p. 1335, § 1, effective July 1. L. 2014: (1)(a), (3), (4), and (5) amended and (1.5) and (4.5) added, (SB 14-049), ch. 271, p. 1089, § 1, effective July 1. L. 2021: (1)(c)(II) amended, (SB 21-271), ch. 462, p. 3204, § 318, effective March 1, 2022; (1)(b)(II) and (1)(d)(II) added by revision, (SB 21-271), ch. 462, pp. 3204, 3331, §§ 318, 803.
Subsections (1)(b)(II) and (1)(d)(II) provided for the repeal of subsections (1)(b) and (1)(d), respectively, effective March 1, 2022. (See L. 2021, pp. 3204, 3331.)
