On the recordMarch 7, 2002
Well, the individual was allegedly intoxicated when the Trans-Alaska Pipeline was damaged. Unfortunately, the U.S. Attorney's Office was unable to prosecute the individual for damaging the line due to some loopholes in the Federal law. One of those loopholes will be closed by my amendment to pipeline safety that includes intrastate pipelines that transport gas in interstate commerce within the criminal laws that currently only protect interstate pipelines. However, there was another problem with the case. The defendant was allegedly intoxicated at the time, and the statute requires proof that he "knowingly and willfully" damaged the pipeline pursuant to Section 60123(b) of title 49, United States Code. Therefore, due to this higher standard of intent, known as specific intent, it appears that he had a diminished capacity defense. It does not seem that this type of vandalism crime should be held to such a standard.
Source
govinfo.gov




