Federal 'Transit Crime Act' Proposes Up to 20 Years for Assaults on Public Transportation

The newly introduced "Public Transit Crime Prevention Act" aims to turn crimes committed on mass transit systems—like buses, trains, and subway stations—into federal offenses. Essentially, if you get caught tagging a subway car or assaulting a bus driver, you could find yourself dealing with the FBI and federal prosecutors, not just local police.

This bill creates two new federal crimes under Title 18 of the U.S. Code. The federal government can step in if the transit system uses federal funding or affects interstate commerce—which, let’s be honest, covers pretty much every major transit system out there. The goal is clear: increase deterrence and provide higher penalties for crimes that disrupt essential public services.

The Cost of a Can of Spray Paint

The first section deals with Vandalism and Graffiti. If you knowingly deface, damage, or disfigure any mass transit vehicle or facility, you could face up to 5 years in federal prison. This isn't just about the act itself; possessing tools or materials (like spray cans or markers) with the intent to commit the crime is also a federal offense. If the damage exceeds $1,000, or if you’ve been convicted of vandalism before (even at the state level), the maximum sentence jumps to 10 years.

Here’s the kicker for anyone caught: the court must order you to pay restitution. That means covering the full cost of cleanup, repair, or replacement. If you’re a student or working class, that mandatory bill for cleaning up a train car could seriously impact your financial future, regardless of the prison time.

Protecting Workers and Riders, But at What Cost?

The second, and arguably most impactful, section targets Assaults Committed on Mass Transportation Systems. This covers two groups: transit workers (like drivers, conductors, or maintenance staff) while they are working, and any passenger on or at a transit property. This is a significant expansion of federal jurisdiction over crimes typically handled by local police.

For simple assault, the bill sets the penalty at a fine and a prison term of not less than 5 years and not more than 20 years. That mandatory minimum of five years is a serious policy shift—it removes a judge’s discretion to issue a shorter sentence, even in cases where mitigating circumstances exist. For aggravated assault—meaning the use of a dangerous weapon, causing serious bodily injury, or if the offender has a prior comparable assault conviction—the penalty is a fine and not less than 15 years and not more than 20 years.

To put that in perspective, a simple assault on a subway platform could land someone in federal prison for a minimum of five years. While protecting transit workers and riders is crucial, this move toward high mandatory minimum sentences for acts that are already serious crimes under state law raises questions about whether the federal government is over-criminalizing local issues. For local jurisdictions, this means a shift in how serious transit crimes are handled, potentially moving them entirely out of the local court system and into the federal pipeline, which often carries much heavier sentences and consequences for the accused.