In memory of his days riding the rails, and possibly because of them, herein, courtesy:
http://www.deadtrainbums.com/Busted/Law.html
California Law on Train Hopping
This page contains links to california anti freight train hopping
laws Union Pacific has a Zero tolerance policy towards
FreightHopping so don't get caught or or you might get 30 days
in the county jail.
You can check out the California Laws for yourself click here to go to the top of the states
pages or follow the links below to what I think are some of the more important ones
California Penal Code 587 b
587b. Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation
operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive,
locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding fifty dollars
($50), or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
California Penal Code section 369i
369i. (a) Any person who enters or remains upon the property of any railroad without the permission of the owner of the
land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property
interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe
and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, "property of any railroad" means any land owned, leased, or possessed by a railroad upon
which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of
the track, which is owned, leased, or possessed by a railroad.
Californai Penal Code section 554 g
554. Any property, except that portion of such property to which the general public is accorded access, may be posted
against trespassing and loitering in the manner provided in Section 554.1, and thereby become posted property
subject to the provisions of this article applicable to posted property, if such property consists of, or is used, or is
designed to be used, for any one or more of the following:
(g) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility.
I seem to remember that when I was arrested in oakland there was one more about refusing to leave when told to do so
by an authorized representitive of the railroad. But I can't seem to be able to look it up right now.
CALIFORNIA CODES PENAL CODE SECTION 217.1-219.3
18. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the
intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other
explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or
derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such
train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty of a felony, and shall be
punished by:
imprisonment in the state prison for life without
possibility of parole!!!!
In California most rail road special agents are peace
officers
misc.transport.rail.americas #73495 (1 more) (1)+-(1)
From: John Gillette \-[1]--[2]
+
Date: Sun Jan 18 22:01:57 PST 1998
I don't know how they do it in your neck of the woods but in California, some (not all) RR "bulls" have completed "POST"
(Peace Officer Standards and Training) and have full Peace Officer status and authority under California state law. In
other words they can arrest you anywhere in the state for any violation of the law they observe like any other
peace officer.
Generally, they won't take any action off the property, likewise if they do anything that could get any other p.o. fired or
sued, they'll get fired or sued. Now, if they do something really dumb, their (including the company) false arrest
insurance will probably cover it. They'll probably then get fired and have to move to the boonies if they ever want to work
in their desired career field again. Not a lot of motivation to do more than toss (smart, friendly, cooperative)
tresspassers off the property. Then again if you do something stupid, you'll probably find out the hard way.
Now read this part carefully before flaming. I AM TALKING ABOUT RR POLICE IN CALIFORNIA , I am not talking
about all RR Police on all lines and/or the rent-a-cops that some lines also employ (BNSF on Cajon Pass). These guys
aren't any smarter than rent-cops anywhere else. Those guys you need to be careful with because they sometimes think
they are real cops and may try to be heavies. These guys have been known to try to block off Forest Service roads and
throw people off Forest Service land around company property in Cajon.
See also:Jessie gets busted between roseville and
dunsmuir and gets $405 dollar fine!!!
602 (k) Criminal Trespassing
You can read the statute for yourself at the official california state
law site, if your willing to do some scrolling down to 602. (k)
602. Except as provided in Section 602.8, every person who willfully commits a trespass by any of the following acts is
guilty of a misdemeanor:
(k) Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon
uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less
than three to the mile along all exterior boundaries and at all roads and trails entering the lands
without the written permission of the owner of the land, the owner's agent or of the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner's agent or by the person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or
(4) Discharging any firearm.
This section specifies the punishments for violation
of section 602(k)
602.8. (a) Any person who without the written permission of the landowner, the owner's agent or of the person in lawful
possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by,
another, or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is
guilty of an infraction or a misdemeanor.
(b) Any person convicted of a violation of subdivision (a) shall be punished as follows:
(1) For a first offense, punished as an infraction by a fine of ten
dollars ($10).
(2) For a second offense on any contiguous land of the same owner, punished as an infraction by a fine of not less than
one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
(3) For a third or subsequent offense on any contiguous land of the same owner, by imprisonment in the county jail not
exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or both.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are permitted to be carried out on property by the
California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code,
or by the National Labor Relations Act.
(2) Any person on the premises who is engaging in activities protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and Professions Code who is making a lawful service of
process.
(d) For any infraction charged pursuant to this section, the defendant shall have the option to forfeit bail in lieu of making
a court appearance. Notwithstanding subdivision (e) of Section 853.6, if the offender elects to forfeit bail pursuant to
this subdivision, no further proceedings shall be had in the case.