§ 45-8-113

45-8-113. Creating hazard. (1) A person commits the offense of creating a hazard if the person knowingly: (a) discards in any place where it might attract children a container having a compartment of more than 1 1/2 cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot easily be opened from the inside and fails to remove the door, lid, or locking or fastening device; (b) being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, mine shaft, or other hole of a depth of 4 feet or more and a top width of 12 inches or more, fails to cover or fence it with a suitable protective construction; (c) tampers with an aircraft without the consent of the owner; (d) being the owner or otherwise having possession of property upon which there is a steam engine or steam boiler, continues to use a steam engine or steam boiler that is in an unsafe condition; (e) being a person in the act of game hunting, acts in a negligent manner or knowingly fails to give all reasonable assistance to any person whom the person has injured; or (f) deposits any hard substance upon or between any railroad tracks that will tend

negligent manner or knowingly fails to give all reasonable assistance to any person whom the person has injured; or (f) deposits any hard substance upon or between any railroad tracks that will tend to derail railroad cars or other vehicles. (2) A person convicted of the offense of creating a hazard shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. History: En. 94-8-108 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 31, Ch. 359, L. 1977; R.C.M. 1947, 94-8-108; amd. Sec. 1699, Ch. 56, L. 2009.