Virginia criminal charge
Trespassing on railroad track in Virginia
Trespassing on railroad track is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-159. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-159.
What is the penalty for trespassing on railroad track in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $250 (First offense trespassing on railroad track — Applies to a first violation of trespassing on a railroad track.; fine only — no jail (§ 18.2-11(d))) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $500 (Second offense within two years — Applies when a second violation occurs within two years of the first violation.; fine only — no jail (§ 18.2-11(c))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Third or subsequent offense within two years — Applies when a third or subsequent violation occurs within two years of a second or subsequent violation.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Third or subsequent offense within two years — Applies when a third or subsequent violation occurs within two years of a second or subsequent violation.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is trespassing on railroad track classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense trespassing on railroad track | Class 4 Misdemeanor | Applies to a first violation of trespassing on a railroad track. | Va. Code Ann. § 18.2-159undefined |
| Second offense within two years | Class 3 Misdemeanor | Applies when a second violation occurs within two years of the first violation. | Va. Code Ann. § 18.2-159undefined |
| Third or subsequent offense within two years | Class 1 Misdemeanor | Applies when a third or subsequent violation occurs within two years of a second or subsequent violation. | Va. Code Ann. § 18.2-159undefined |
Common questions about trespassing on railroad track in Virginia
Is trespassing on railroad track a felony or a misdemeanor in Virginia?
It depends on the circumstances: trespassing on railroad track ranges from a class 4 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-159.
First offense trespassing on railroad track: class 4 misdemeanor (Va. Code Ann. § 18.2-159) · Second offense within two years: class 3 misdemeanor (Va. Code Ann. § 18.2-159) · Third or subsequent offense within two years: class 1 misdemeanor (Va. Code Ann. § 18.2-159)
What are the penalties for trespassing on railroad track in Virginia?
Penalties for trespassing on railroad track in Virginia depend on how it is classified — from a class 4 misdemeanor up to a class 1 misdemeanor — with the ranges set by Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers trespassing on railroad track?
Trespassing on railroad track is governed by Va. Code Ann. § 18.2-159 (Trespassing on railroad track).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.