What conditions must be met for a person to be arrested for trespassing the railroad?
Please cite sources please. I'm trying to find this stuff as well!
Answers:
You'll need to look at your own state's statutes.
In California, it is trespass once you enter the railroad's property, without permission.
California Penal Code Section 554(g).
Being found upon someone else's property, knowing you have no permission or right to be there, is criminal trespass; no signs or fences are necessary. However, in many jurisdictions there are regulations that increase the criminal penalties if there are specific signs at specific intervals (e.g., the size of print, the wording, the color, the name of owner, etc).
For example, in NH it is a "violation" to trespass, a "misdemeanor" if there are signs or fences ("secured premises"), or the person has been orally instructed to leave (or by restraining order), or it is a trespass to "occupied premises"; and a felony if the trespasser knowingly or recklessly causes $1,000 or more in damages for two or more offenses.
NH also specifies 100 yard max spacing for signs, and other requirements, if you're going to claim it was also "posted."
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