Interference with Railroad Property: Texas Penal Code §28.07

The Texas Interference with Railroad Property law gives police the right to arrest you if they believe you threw an object at or discharged a firearm at a train or train equipment. You can also be arrested under this law if the police believe you trespassed on railroad property or caused the derailment of a train.

The Texas legislature codified this criminal offense in Texas Penal Code Section 28.07. The legislature did not update this law in 2023. In fact, this law has not been amended since 2015.

The Penal Code codifies the Texas Interference with Railroad Property law under Title 7 “Offenses Against Property,” Chapter 28 “Arson, Criminal Mischief, and Other Property Damage or Destruction.” Crimes under this chapter cover a wide range of offenses that focus on actions taken against property belong to other people. These offenses include both destructive actions and aesthetic changes. Learn more about the Texas offense of Interference with Railroad Property below.

What is the current Texas law about Interference with Railroad Property?

The current Texas law defines the offense of Interference with Railroad Property in Penal Code Section §28.07 as follows:^[1]

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is railroad property;

(B) tampers with railroad property;

(C) places an obstruction on a railroad track or right-of-way; or

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

How can I be charged with an Interference with Railroad Property offense in Texas?

You can be charged with Interference with Railroad Property in Texas if the state’s attorneys believe that each of the elements of 28.07(b) as described in the section above have been met.

What is the statute of limitation for Interference with Railroad Property in Texas?

Misdemeanor level Interference with Railroad Property charges have a two-year limitations period.^[2] Felony-level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Interference with Railroad Property offense?

The criminal penalty for violations of this offense range from a Class C misdemeanor all the way to a first degree felony. If an offense falls under subsection(b)(1), or if the money loss is $100 or more but less than $750, then a conviction for Interference with Railroad Property in Texas is punished as a Class B misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If an offense falls under subsection(b)(1), and the person causes a bodily injury to another person, then a conviction for Interference with Railroad Property in Texas is punished as a Felony of the Third Degree,^[5] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If an offense falls under subsection(b)(2)(A), (b)(2)(B), (b)(2)(C), or (b)(2)(D), then a conviction for Interference with Railroad Property in Texas is punished as a Class C misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $500.

If an offense falls under subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D), and the money loss is $750 or more but less than 2,500, then a conviction for Interference with Railroad Property in Texas is punished as a Class A misdemeanor,^[7] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If an offense falls under subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D), and the money loss is $2,500 or more but less than 30,000, then a conviction for Interference with Railroad Property in Texas is punished as a State Jail Felony,^[8] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.

If an offense falls under subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D), and the money loss is $30,000 or more but less than 150,000, then a conviction for Interference with Railroad Property in Texas is punished as a Felony of the Third Degree,^[9] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If an offense falls under subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D), and the money loss is $150,000 or more but less than 300,000, then a conviction for Interference with Railroad Property in Texas is punished as a Felony of the Second Degree,^[10] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If an offense falls under subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D), and the money loss is more than $300,000, then a conviction for Interference with Railroad Property in Texas is punished as a Felony of the First Degree,^[11] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 99 years.

Effective February 4, 2024, any violation of this offense punishable as a misdemeanor or state jail felony can be enhanced to a third degree felony if the state can prove you committed the offense in the course of committing a Smuggling of Persons offense. ^[12]

Can you get probation for Interference with Railroad Property in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Interference with Railroad Property, and judges are also allowed to accept deferred adjudication plea deals.^[13]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[14] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[15]

What level of crime is Interference with Railroad Property in Texas?

The Penal Code classification of the punishment for Interference with Railroad Property ranges from a Class C misdemeanor to a first degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §28.07. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §28.07(c)(e)(1)^5. Texas Penal Code §28.07(c)^6. Texas Penal Code §28.07(d)(e)^7. Texas Penal Code §28.07(e)(2)^8. Texas Penal Code §28.07(e)(3)^9. Texas Penal Code §28.07(e)(4)^10. Texas Penal Code §28.07(e)(5)^11. Texas Penal Code §28.07(e)(6)^12 Texas Penal Code §28.10, as enacted by SB 4, 88th Texas Legislature (SS3), Section 7^13. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^14. Art. 42A.053(c), Texas Code of Criminal Procedure^15. Art. 42A.054(b), Texas Code of Criminal Procedure