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Virginia statute

Va. Code Ann. § 18.2-159 — Trespassing on railroad track

Current through 2026 Regular Session

Part of Article 8: Offenses Relating to Railroads and Other Utilities, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-159

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-159Primary source, current through the 2026 Regular Session
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 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 occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which 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, track shall mean the rail, ties, and ballast of the railroad.

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Questions this section answers

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)

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).

This reference is informational and is not legal advice.