Interference with Railroad Property

Chapter 28 of the Texas Penal Code sets the regulations and punishments involved with arson, criminal mischief, and other forms of property damage and destruction.

“Interference with Railroad Property”, as per § 28.07 of the Texas Penal Code, occurs when a 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

An offense under 1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

An offense under 2) a) is a Class C misdemeanor.

An offense under 2) b), 2) c), and 2) d) is a Class C misdemeanor unless the person causes pecuniary loss of $100 or more, in which event the offense is:

• a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
• a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
• a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
• a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;
• a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
• a felony of the first degree if the amount of the pecuniary loss is $300,000 or more.

Punishment Range

Misdemeanor C

• Fine not to exceed $500

Misdemeanor B

• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Misdemeanor A

• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

State Jail Felony

• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000