Section 28.07 protects railroad infrastructure. Houston's rail density means these charges appear more often here than in most Texas counties — and the least serious version of the offense is committed routinely by people taking photographs.
What the Statute Prohibits
A person commits an offense if the person:
- throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or
- 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.
"Railroad property" means a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection owned, leased, operated, or possessed by a railroad; or a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. "Tamper" means to move, alter, or interfere with railroad property.
Offense Levels
| Conduct | Offense level |
|---|---|
| Throwing an object or discharging a firearm or weapon at a train | Class B Misdemeanor |
| Entering or remaining on railroad property | Class C Misdemeanor |
| Tampering with railroad property or placing an obstruction | Higher misdemeanor and felony levels depending on circumstances and resulting harm |
| Causing a derailment | Felony |
Where conduct causes injury or death, far more serious charges follow under Chapter 19 and Chapter 22.
Defenses
Knowledge. The entering-or-remaining theory requires knowledge that the property is railroad property. Unmarked, unfenced rights-of-way crossing open land, well-worn footpaths, and informal crossings used by a neighborhood for years all bear on whether the accused knew.
Effective consent. Railroads grant access for many purposes — contractors, utility crews, surveyors, adjacent landowners with easements. Consent from someone with apparent authority is a defense.
No tampering. "Move, alter, or interfere with" requires an act directed at the property. Walking past a switch is not tampering with it.
Causation. Derailment and obstruction charges require proof that the accused's act caused the result. Track condition, equipment failure, and maintenance history are legitimate alternative explanations, and railroads maintain detailed records of both.
Identification. Object-throwing cases typically rest on a crew member's observation from a moving train, often at night. That is exactly the kind of identification that deserves scrutiny.
Related
- Criminal mischief (28.03) · Reckless damage or destruction (28.04)
- Criminal trespass · Deadly conduct (22.05)
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.