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2015 SESSION
15104575DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-159 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-159. Trespassing on railroad property; penalties.
A. Any person who goes upon the track of a railroad
other than to pass over such road at a public or private crossing, or who
willfully rides, drives, or leads any animal or contrives for any animal
to go on such track except to cross as aforesaid, without the consent of the
railroad company or person operating such road, shall be guilty of a Class 4
misdemeanor. A second violation of the provisions of this section subsection
occurring within two years of the first violation shall be punishable as a
Class 3 misdemeanor. A third or subsequent violation of the provisions of this section
subsection occurring within two years of a second or a subsequent
violation shall be punishable as a Class 1 misdemeanor.
This section subsection shall not apply to any
section of track which that has been legally abandoned pursuant
to an order of a federal or state agency having jurisdiction over the track and
is not being used for railroad service.
For purposes of this section subsection,
track shall mean "track" means the rail, ties, and ballast
of the railroad.
B. Any person who goes upon a railroad trestle or railroad bridge or within or upon a railroad tunnel or within a railway yard without the consent of the railroad company is guilty of a Class 2 misdemeanor.
For the purposes of this subsection, "railway yard" is a yard where regular switching is performed.