Current through 2024 Session Acts Chapter 111 and 2024 Special Session Acts Chapter 4
Section 21-5809 - Trespassing on railroad property(a) Trespassing on railroad property is: (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 work equipment.(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 company. L. 1996, ch. 30, § 1; July 1; L. 2010, ch. 136, § 95, 7/1/2011.