389.653. Trespass to railroad property, penalties.
Trespass to railroad property, penalties.
389.653. 1. Any person who commits the following acts shall bedeemed guilty of a "trespass to railroad property":
(1) Throwing an object at a railroad train or rail-mounted workequipment; or
(2) Maliciously or wantonly causing in any manner the derailment of arailroad train, railroad car or rail-mounted work equipment.
2. Any person committing a trespass to railroad property pursuant tothis section shall be deemed guilty of a class A misdemeanor.
3. Notwithstanding subsection 2 of this section, any personcommitting a trespass to railroad property pursuant to this sectionresulting in the damage or destruction of railroad property in an amountexceeding one thousand five hundred dollars or resulting in the injury ordeath of any person shall be deemed guilty of a class D felony.
4. Notwithstanding subsection 2 of this section, any personcommitting a trespass to railroad property pursuant to this section whodischarges a firearm or a weapon at a railroad train or rail-mounted workequipment shall be deemed guilty of a class D felony.
5. Nothing in this section shall be construed to interfere witheither the lawful use of a public or private railroad crossing, or aslimiting a representative of a labor organization which represents or isseeking to represent the employees of the railroad, from conducting suchbusiness as provided by the Railway Labor Act.
6. As used in this section, "railroad property" includes, but is notlimited to, any train, locomotive, railroad car, caboose, rail-mounted workequipment, rolling stock, work equipment, safety device, switch, electronicsignal, microwave communication equipment, connection, railroad track,rail, bridge, trestle, right-of-way or any other property owned, leased,operated or possessed by a railroad.
(L. 1996 S.B. 780 § 13)