(1) Entering or remaining on railroad property, without consent of the owner or the
owner's agent, knowing that it is railroad property; or
(2) recklessly causing in any manner the derailment of a train, railroad car or rail-mounted
(b) Trespassing on railroad property is a:
(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2);
(2) severity level 8, nonperson felony if such trespassing results in a demonstrable
monetary loss, damage or destruction of railroad property valued at more than $1,500.
(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
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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