3504 - Railroad protection, railroad vandalism and interference with transportation facilities.

     § 3504.  Railroad protection, railroad vandalism and                interference with transportation facilities.        (a)  Damage to railroad or delay of railroad operations.--            (1)  A person commits an offense if, without lawful        authority or the railroad carrier's consent, he causes damage        to property that he knows or reasonably should have known to        be railroad property, including the railroad right-of-way or        yard, or causes a delay in railroad operations by an act        including, but not limited to:                (i)  Knowingly, purposefully or recklessly            disrupting, delaying or preventing the operation of any            train, jitney, trolley or any other facility of            transportation.                (ii)  Driving or operating a recreational vehicle or            nonrecreational vehicle, including, but not limited to, a            bicycle, motorcycle, snowmobile, all-terrain vehicle, car            or truck.                (iii)  Knowingly, purposefully or recklessly damaging            railroad property, railroad infrastructure or railroad            equipment or using railroad property to access adjoining            property to commit acts of vandalism, theft or other            criminal acts.            (2)  An offense under this subsection constitutes a        misdemeanor of the third degree.        (b)  Stowaways prohibited.--            (1)  A person commits an offense if, without lawful        authority or the railroad carrier's consent, he rides on the        outside of a train or inside a passenger car, locomotive or        freight car, including a box car, flatbed or container.            (2)  An offense under this subsection constitutes a        misdemeanor of the third degree.        (c)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Railroad."  Any form of nonhighway ground transportation     that runs on rails or electromagnetic guideways, including, but     not limited to:            (1)  Commuter or other short-haul railroad passenger        service in a metropolitan or suburban area.            (2)  High-speed ground transportation systems that        connect metropolitan areas, but not rapid transit operations        in an urban area that are not connected to the general        railroad system of transportation.        "Railroad carrier."  A person, including, but not limited to,     an owner or operator, providing railroad transportation.        "Railroad carrier's consent."  Written or other affirmative     communication of permission to be on railroad property. Consent     shall not be implied.        "Railroad property."  All tangible property owned, leased or     operated by a railroad carrier, including a right-of-way, track,     bridge, yard, shop, station, tunnel, viaduct, trestle, depot,     warehouse, terminal or any other structure, appurtenance or     equipment owned, leased or used in the operation of any railroad     carrier, including a train, locomotive, engine, railroad car,     work equipment, rolling stock or safety device. The term does     not include a railroad carrier's administrative building or     offices, office equipment or intangible property such as     computer software or other information.        "Right-of-way."  The track or roadbed owned, leased or     operated by a railroad carrier which is located on either side     of its tracks and which is readily recognizable to a reasonable     person as being railroad property or is reasonably identified as     such by fencing or appropriate signs.        "Yard."  A system of parallel tracks, crossovers and switches     where railroad cars are switched and made up into trains and     where railroad cars, locomotives and other rolling stock are     kept when not in use or when awaiting repairs.     (July 15, 2004, P.L.691, No.74, eff. 60 days)        2004 Amendment.  Act 74 added section 3504.