§ 37-12-103 — Destruction, obstruction or removal of railroad track or fixtures generally; penalty if death results

Whoever shall willfully and maliciously remove, break, displace,
throw down, destroy or in any manner injure any rail or rails or
any part of the tracks or any bridge, viaduct, culvert, trestle-
work, embankment, parapet or other fixture or any part thereof,
attached to or connected with such tracks of any railroad in
this state, in operation, or shall willfully and maliciously
place any obstructions upon the rail or rails, track or tracks
of any such railroad, or shall willfully and maliciously meddle,
tamper, or interfere with the signals or mechanism controlling
the signal devices of any such railroad, shall be punished by
imprisonment in the penitentiary not less than one (1) year nor
more than twenty (20) years; provided, however, if any person
shall, by commission of either of the aforesaid offenses
occasion the death of any person, or persons, the person or
persons so offending shall be deemed guilty of murder in the
first or second degree, or manslaughter, according to the nature
of the offense, and, on conviction thereof, shall be punished as
by law provided.