State |
Trespass Statute |
Trespass Penalty |
Vandalism Statute |
Vandalism Penalty |
Alabama |
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 |
Alaska |
No specific railroad statute |
|
No specific railroad statute |
|
Arizona |
з 13-1502 |
Class 3 misdemeanor. |
з 28-649 |
Same as for vandalism of other traffic signs |
Arkansas |
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. |
California |
Penal Code з587b |
$50 fine, up to 30 days in jail, or both. |
Penal Code з 587a |
Misdemeanor up to 1 year in jail. |
Colorado |
No specific railroad statute. |
|
з 42-4-607 |
Class B traffic infraction. |
Connecticut |
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. |
Delaware |
2 з 1811 |
$10 fine, plus damages. |
21 з 1812
21 з 4112 |
$50 fine and liable for damages. Subsequent offenses have stiffer penalties. |
Florida |
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. |
Georgia |
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 |
|
|
trespasses. |
|
1 year in prison. |
|
|
|
|
|
Hawaii |
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. |
Idaho |
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. |
Illinois |
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. |
Indiana |
з 8-3-15-3 |
Class B misdemeanor. |
|
|
Iowa |
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. |
Kansas |
з 21-3721
з 21-3761 |
Security level 8 felony. |
з 21-3725 |
Class C misdemeanor. |
Kentucky |
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. |
|
Louisiana |
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. |
Maine |
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. |
Maryland |
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. |
Massachusetts |
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. |
Michigan |
з 22.1263 |
|
з 9.2316
з 22.1263
з 28.779
з 28.611 |
|
Minnesota |
з 609.85 |
Misdemeanor. |
з 219.30
609.851 et seq. |
Treated as misdemeanor or felony, depending on severity. |
Mississippi |
No specific railroad statute. |
|
з 97-25-5 |
$100 to $500 fine, up to 3 months in prison, or both. |
Missouri |
з 389.653 |
Class D felony. |
з 389.653 |
Class D felony. |
Montana |
No specific railroad statute. |
|
No specific railroad statute. |
|
Nebraska |
No specific railroad statute. |
|
з 60-6, 129 |
Vandal is liable in civil action for damages, injuries or deaths caused by vandalism. |
Nevada |
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. |
Ohio |
зз 4999.01-.02 |
Minor misdemeanor. |
No specific railroad statute. |
|
Oklahoma |
21 з 1365
21 з 1752.1 |
Misdemeanor. |
21 з 1751
21 з 1778
47 з 11-207 |
Treated as a misdemeanor-felony, depending on severity. Fine up to $1,000. |
Oregon |
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. |
Pennsylvania |
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. |
Tennessee |
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. |
Texas |
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. |
Utah |
No specific railroad statute. |
|
No specific railroad statute. |
|
Vermont |
5 з 3734 |
$2 to $20 fine. |
23 з 1028
13 з 3104 |
Up to $500 fine, up to 2 years' imprisonment, or both. |
Virginia |
з 18.2-159 |
1st violation Class 4 misdemeanor. |
з 18.2-147
з 18.2-155
з 18.2-153
з18.2-154 |
Crimes vary from Class 1 misdemeanor to Class 4 felony. Punishment up to 25 years in prison. |
Washington |
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. |
Wisconsin |
з 192.32 et seq. |
$2 to $50 fine, liable for damages. |
з 943.07 |
Class A misdemeanor. |
Wyoming |
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. |