US Laws, Codes, Statutes & Cases

      21-3761.   Trespassing on railroad property; causing derailment of railroad equipment. (a) It shall be unlawful for any person to:

      (1)   Without consent of the owner or the owner's agent, enter or remain on railroad property, knowing that it is railroad property; or

      (2)   maliciously or wantonly cause in any manner the derailment of a train, railroad car or rail-mounted work equipment.

      Violation of this subsection is a class A nonperson misdemeanor.

      (b)   Any person violating subsection (a) which results in a demonstrable monetary loss, damage or destruction of railroad property when such loss is valued at more than $1,500 upon conviction shall be guilty of a severity level 8, nonperson felony.

      (c)   Subsection (a) shall not be construed to interfere with the lawful use of a public or private crossing.

      (d)   Nothing in this section shall be construed as limiting a representative or member of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided under the railway labor act (45 U.S.C. 151, et seq.) and other federal labor laws.

      (e)   As used in this section "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed by a railroad company.

      History:   L. 1996, ch. 30, § 1; July 1.