California Penal Code § 369i PC prohibits people from trespassing on railroad property in a manner that interrupts or hinders the trains from operating in a safe and efficient way. As a misdemeanor, violating PC 369i carries up to six months in jail and/or $1,000 in fines.
The full statute is:
PC 369i. Unauthorized entry or presence upon railroad property or transit-related property
(a) (1) 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.
(2) 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, that is owned, leased, or possessed by a railroad.
(b) (1) Any person who enters or remains upon any transit-related property without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility is guilty of a misdemeanor.
(2) As used in this subdivision, “transit-related property” means any land, facilities, or vehicles owned, leased, or possessed by a county transportation commission, transportation authority, or transit district, as defined in Section 99170 of the Public Utilities Code, that are used to provide public transportation by rail or passenger bus or are directly related to that use, or any property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement.
(c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or transit-related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
Legal Analysis
California Penal Code 369i PC makes it a misdemeanor to:
- trespass on the railroad or transit-related property, and
- interfere with the safe and efficient operation of any train or transit-related facility.
Example: A group of climate activists congregate on an Amtrak railroad track in Los Angeles, preventing any trains from crossing. They had no permission by Amtrak to congregate there, and they refuse to leave when asked by Amtrak.
Here, the activists could be arrested for violating PC 369i for hindering the railroad operations. Had they simply trespassed on railroad property but did not hinder railway operations, they would have instead faced simple trespass charges under PC 602.
Misdemeanors carry:
- Up to $1,000 in fines and/or
- Up to six months in jail.
In counties with populations exceeding a half-million people, the court may impose an additional punishment for a first-time offense:
- Up to $100 in additional fines, and/or
- Traffic school with a rail safety presentation, Internet rail safety test, or rail safety film
Though for a second or subsequent offense, the court must impose:
- Up to $200 in additional fines, and
- Traffic school with a rail safety presentation, Internet rail safety test, or rail safety film
Note that striking rail workers are allowed to picket and protest next to railroad or transit-related property, though they cannot otherwise prevent the railways from operating.1
Violating PC 369i is a misdemeanor in California.
Frequently-Asked-Questions
What property does Penal Code § 369i PC apply to?
The law prohibits trespassing on all types of railroad property in California including trains, locomotives, rail cars, and related facilities or equipment.
Can I be charged under PC 369i for walking along railroad tracks?
Yes, if you do not have permission or lawful business there.
What is the purpose of this law?
It helps prevent accidents and injuries associated with unauthorized presence on railroad property.
Can I be arrested for violating PC 369i?
Yes, law enforcement can make an arrest if they have probable cause to believe a violation occurred.
How does PC 369i differ from general trespassing laws?
It is specific to railroad property and carries potentially harsher penalties than general trespassing.
Related Offenses
- Weapons at public transit facilities (PC 171.7)
- Train robbery (PC 214)
- Train wrecking (PC 218)
- Damaging railroad tracks (PC 587)
Legal References
- California Penal Code 369i PC – Unauthorized entry or presence upon railroad property or transit-related property. See also Morse v. S.F. Bay Area Rapid Transit Dist. (BART) (N.D. Cal. Feb. 11, 2014) 12-cv-5289 JSC. See also PC 369b.