21-3761. Trespassing on railroad property; causing derailment of railroad equipment. - Kansas Statutes

21-3761

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3761.   Trespassing on railroad property; causing derailment of railroadequipment.(a) It shall be unlawful for any person to:

      (1)   Without consent of the owner or the owner's agent, enter or remain onrailroad property, knowing that it is railroad property; or

      (2)   maliciously or wantonly cause in any manner the derailment of a train,railroad car or rail-mounted work equipment.

      Violation of this subsection is a class A nonperson misdemeanor.

      (b)   Any person violating subsection (a) which results in a demonstrablemonetary loss, damage or destruction of railroad property when such loss isvalued at more than $1,500 uponconviction shall be guilty of a severity level 8, nonperson felony.

      (c)   Subsection (a) shall not be construed to interfere with the lawful useof a public or private crossing.

      (d)   Nothing in this section shall be construed as limiting a representativeor member of a labor organization which represents or is seeking to representthe employees of the railroad, from conducting such business as provided underthe railway labor act (45 U.S.C. 151, et seq.) and other federal labor laws.

      (e)   As used in this section "railroad property" includes, but is not limitedto, any train, locomotive, railroad car, caboose, rail-mounted work equipment,rolling stock, work equipment, safety device, switch, electronic signal,microwave communication equipment, connection, railroad track, rail, bridge,trestle, right-of-way or other property that is owned, leased, operated orpossessed by a railroad company.

      History:   L. 1996, ch. 30, § 1; July 1.