The Interference with Railroad Property crime in the state of Texas gives police the right to arrest you if they believe you threw an object 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. Learn more detailed information about the Interference with Railroad Property offense below.

Interference with Railroad Property is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 28 “Arson. Criminal Mischief, And Other Property Damage or Destruction.”

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 Interference with Railroad Property?

You can be charged with Interference with Railroad Property 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 punishment for Interference with Railroad Property?

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 is punished as a Class B misdemeanor,^[2] 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 is punished as a Felony of the Third Degree,^[3] 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 is punished as a Class C misdemeanor,^[4] 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 is punished as a Class A misdemeanor,^[5] 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 is punished as a State Jail Felony,^[6] 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 is punished as a Felony of the Third Degree,^[7] 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 is punished as a Felony of the Second Degree,^[8] 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 is punished as a Felony of the First Degree,^[9] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 99 years.

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Legal References:

^1. Texas Penal Code §28.07^2. Texas Penal Code §28.07(c)(e)(1)^3. Texas Penal Code §28.07(c)^4. Texas Penal Code §28.07(d)(e)^5. Texas Penal Code §28.07(e)(2)^6. Texas Penal Code §28.07(e)(3)^7. Texas Penal Code §28.07(e)(4)^8. Texas Penal Code §28.07(e)(5)^9. Texas Penal Code §28.07(e)(6)