Section 389.653

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 389

Effective - 28 Aug 1996, 2 histories, see footnote   (history) 

  *389.653.  Until December 31, 2016 — Trespass to railroad property, penalties. — 1.  Any person who commits the following acts shall be deemed guilty of a "trespass to railroad property":

  (1)  Throwing an object at a railroad train or rail-mounted work equipment; or

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

  2.  Any person committing a trespass to railroad property pursuant to this section shall be deemed guilty of a class A misdemeanor.

  3.  Notwithstanding subsection 2 of this section, any person committing a trespass to railroad property pursuant to this section resulting in the damage or destruction of railroad property in an amount exceeding one thousand five hundred dollars or resulting in the injury or death of any person shall be deemed guilty of a class D felony.

  4.  Notwithstanding subsection 2 of this section, any person committing a trespass to railroad property pursuant to this section who discharges a firearm or a weapon at a railroad train or rail-mounted work equipment shall be deemed guilty of a class D felony.

  5.  Nothing in this section shall be construed to interfere with either the lawful use of a public or private railroad crossing, or as limiting a representative of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided by the Railway Labor Act.

  6.  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 any other property owned, leased, operated or possessed by a railroad.

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(L. 1996 S.B. 780 § 13)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.