Appendix A. State Rail Trespass and Vandalism Laws


Trespass Statute

Trespass Penalty

Vandalism Statute

Vandalism Penalty


з 13A-7-7 et seq.

Same as for other trespasses.

з 13A-7-1 et seq.

Same as for vandalism of non- railroad property


No specific railroad statute


No specific railroad statute



з 13-1502

Class 3 misdemeanor.

з 28-649

Same as for vandalism of other traffic signs


з 23-12-801 et seq.

Misdemeanor. Fines range from $1 to $25. Up to 30 days in jail.

з 27-52-101

з 23-12-805(a)

з 23-12-804

Misdemeanor. Liable for damages. $25 to $250 fine, 3 months in jail, or both for second offense. Third conviction, $100 to $500 fine, up to 6 months in jail.


Penal Code з587b

$50 fine, up to 30 days in jail, or both.

Penal Code з 587a

Misdemeanor up to 1 year in jail.


No specific railroad statute.


з 42-4-607

Class B traffic infraction.


2 Del.C. з 1811


з 53a-116

з 13b-346

Class A misdemeanor of criminal mischief. $10 fine, up to 30 days jail, or both.


2 з 1811

$10 fine, plus damages.

21 з 1812

21 з 4112

$50 fine and liable for damages. Subsequent offenses have stiffer penalties.


No specific railroad statute.


з 860.08

з 860.11

з 316.0775

з 860.121

з 860.05

Guilty of 3rd, 2nd or 1st degree felony, of the offense. Punishable by 5 depending on the severity to 30 years imprisonment, depending on felony degree. If act causes bodily harm, vandalism is first degree felony.


з 46-8-380

Misdemeanor punishable

з 46-8-196

Misdemeanor same as other


з 16-7-21

the same as other criminal


vandalism crimes. $50 fine, up to





1 year in prison.







No specific railroad statute


з 291C-37

з 291C-161

$200 to $500 fines, depending on previous convictions.

Ten days to 1 year in prison.


з 62-413

Trespasser may be removed.

з 18-6006

з 49-1420

зз 18-6009-6011

Six months to 10 years in prison, depending on the severity of the crime. Up to $50,000 fine, depending on the severity of the crime.


625 ILCS 5/18c-7503

Up to $500 fine.

625 ILCS 5/18c-7502

625 ILCS 5/11-311

Class 4 felony

If life lost, 1st degree murder.


з 8-3-15-3

Class B misdemeanor.




No specific railroad statute


з 321.260

з 716.10

Vandalism that results in the death of another person is a Class B felony punishable by up to 50 years' imprisonment. Other vandalism is punishable as a Class C or D felony, or as a misdemeanor, with variable sentences and fines.


з 21-3721

з 21-3761

Security level 8 felony.

з 21-3725

Class C misdemeanor.


з 277.350

з 511.060

Fines: 1st violation up to $25; 2nd violation up to $50; 3rd violation up to $100.

No specific railroad statute.



з 14:63.6

1st offense up to $500 fine, 90 days in jail.

2nd offense up to $500 fine, six months in jail.

з 14:59

з 14:321

$500 fine and 6 months in prison. Treated same as other criminal mischief crimes.


23 з 7007

$5 to $20 fine, Class E crime.

17 з 2401

23 зз 7010-7011

Changing switch lights is a Class E crime. Changing signal and tampering with rail car punishable with up to $500 and two years in prison.


No specific railroad statute.


21 з 206

27 зз 112-117

27 з 456

Misdemeanor. Punishable varies from $500 to $5,000 fine and up to 3 years in prison.


No specific railroad statute.


160 з146

159 з 103

160 з 225-228

Sentences vary according to severity. Fines from $10 to $5,000. Payment of damages. One to 20 years' imprisonment.


з 22.1263


з 9.2316

з 22.1263

з 28.779

з 28.611



з 609.85


з 219.30

609.851 et seq.

Treated as misdemeanor or felony, depending on severity.


No specific railroad statute.


з 97-25-5

$100 to $500 fine, up to 3 months in prison, or both.


з 389.653

Class D felony.

з 389.653

Class D felony.


No specific railroad statute.


No specific railroad statute.



No specific railroad statute.


з 60-6, 129

Vandal is liable in civil action for damages, injuries or deaths caused by vandalism.


No specific railroad statute.


з 484.289

з 705.450

з 705.480

з 193.155

з 705.460

Punishment varies according to damage severity and endangerment of lives. Ranges from misdemeanor to Class C felony.

New Hampshire

з 381.14

з 635:2

Misdemeanor treated the same as other criminal trespass crimes.

No specific railroad statute.


New Jersey

з 48:12-152

Injured trespasser cannot recover damages.

з 48:12-167

з 48:12-165

з 2C:33-14.1

Misdemeanor. $50 to $100 fine, up to one year in jail.

New Mexico

No specific railroad statute.


No specific railroad statute.


New York

R.R. з 83, з 83a, з 83b

$10 fine. Injured trespasser cannot recover damages for injuries. Snowmobiles that trespass can be fined $100.

R.R. Law з 53-d R.R. Law 5-e

Crime with various classifications up to Class D felony.

North Carolina

No specific railroad statute.


з 14-278

з 14-279

Class 1 felony if intent to injure. Others treated as Class 2 misdemeanors.

North Dakota

з 49-10.1-12

Class B misdemeanor.

з 49-10.1-08

з 12.1-21-06

Varies according to severity. Up to Class C felony. Other offenses are misdemeanors.


зз 4999.01-.02

Minor misdemeanor.

No specific railroad statute.



21 з 1365

21 з 1752.1


21 з 1751

21 з 1778

47 з 11-207

Treated as a misdemeanor-felony, depending on severity. Fine up to $1,000.


No specific railroad statute.


з 164.365

з 810.240

Can be classified as 1st degree criminal mischief or as a Class A traffic infraction depending on the offense.


18 з 5507

3rd degree misdemeanor.

18 з 3304

18 з 5507

Misdemeanor. Punishment varies according to severity.

Rhode Island

з 11-36-6

$1,000 fine. Up to one year imprisonment.

з 11-36-4 et seq.

з 11-36-1

$500 to $1,000 fine, up to 3 years' imprisonment.

$10,000 fine, up to 20 years' imprisonment if explosives, or otherwise hindering train.

South Carolina

з 58-17-4096

$200 fine, up to 30 days in jail.

з 58-15-860

з 58-15-830

з 58-15-820

Misdemeanor, violations carry fines up to $500, up to 2 years in prison.

Obstruction of tracks, up to $500 fine, payment of damages and 5 years in prison.

Endangerment of life, up to 20 years in prison.

South Dakota

No specific railroad statute.


з 49-16A-107

з 49-16A-90

з 49-16A-108

з 22-34-27

Crime varies in severity from misdemeanors up to Class 4 felony.


з 29-36-102

Trespasser liable for damages.

з 39-14-411

з 39-17-307

Ranges from Class C misdemeanor to Class E felony.


Penal Code з 28.07

Class C misdemeanor.

Civil Stat. Art.

6370d et seq.

Class B misdemeanor unless bodily injury, which is a 3rd degree felony.

Obstruction or cause of derailment ranges from Class C misdemeanor to 1st degree felony, depending on severity.


No specific railroad statute.


No specific railroad statute.



5 з 3734

$2 to $20 fine.

23 з 1028

13 з 3104

Up to $500 fine, up to 2 years' imprisonment, or both.


з 18.2-159

1st violation Class 4 misdemeanor.

з 18.2-147

з 18.2-155

з 18.2-153


Crimes vary from Class 1 misdemeanor to Class 4 felony. Punishment up to 25 years in prison.


No specific railroad statute.


з 81.60.070

з 46.61.080

з 47.36.130

Misdemeanor, up to $1,000 fine, up to 6 months in prison.

Throwing objects is a felony; 1 to 10 years in prison.

West Virginia

з 61-3-43

Unlawful riding is misdemeanor, up to $25 fine, up to 30 days in jail.

з 17C-3-9

з 61-3-41

Crime, no penalty listed.


з 192.32 et seq.

$2 to $50 fine, liable for damages.

з 943.07

Class A misdemeanor.


з 37-12-105

$5 to $100 fine, 10 days to 6 months in prison.

з 37-12-103

Varies according to severity. Malicious and willful destruction, 1 to 20 years in prison. Stealing railroad equipment is a felony, up to 5 years in prison, up to $500 fine. If vandalism results in death, violator can be found guilty of first or second degree murder or manslaughter.


* Note that railroad trespass and railroad vandalism crimes may be defined differently in each jurisdiction. This chart shows only penalties.

Sources: NCSL search; U.S. Department of Transportation, Federal Railroad Administration.

╤яюэёюЁ√ ёЄЁрэшЎ√:
Сайт управляется системой uCoz