Penal Code § 587 PC – Damaging Railroad Tracks

California Penal Code § 587 PC makes it a crime to damage or obstruct a railroad track. This section applies to interference with any part of the railroad, or placing on it any type of obstruction. Prosecutors can charge this offense as either a misdemeanor or a felony.

The language of the code section reads:

587. Every person who maliciously does either of the following is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or imprisonment in a county jail not exceeding one year:

(a) Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad.

(b) Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad.

Examples

• Ron uses a propane torch to bend the metal on a section of railroad tracks.
• Pam throws an old mattress across a railroad track.
• Calvin crushes a railroad tie (which is connected to a set of tracks) with a sledgehammer.

Luckily, there are several legal defenses that you can raise. These include showing that you:

• did not act with malice;
• did not cause injury; and/or,
• were wrongfully arrested.

Penalties

A violation of this section is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

• If charged as a misdemeanor, you can be punished by imprisonment in the county jail for up to one year.
• If charged as a felony, the crime is punishable by up to three years in the county jail.

Our California criminal defense attorneys will highlight the following in this article:

• 1. The legal definition of damaging railroad tracks
• 2. Legal defenses to PC 587
  • 2.1 You did not act with malice
  • 2.2 You did not damage the railroad tracks
  • 2.3 The police arrested the wrong person
• 3. Penalties, punishment, and sentencing
• 4. Related offenses
  • 4.1 Trespass – PC 602
  • 4.2 Vandalism – PC 594
  • 4.3 Damaging utility lines – PC 591
  • 4.4 Train wrecking – PC 218

1. The legal definition of damaging railroad tracks

Penal Code 587 is the California statute that makes it a crime to do either of the following:

1. maliciously injure or destroy any railroad track, or part thereof; or,
2. maliciously obstruct the rails or track of a railroad.¹

An act done “maliciously” is one that is done wrongfully and performed intentionally and without legal cause.

2. Legal Defenses to PC 587

Here at Shouse Law Group, we have represented literally thousands of clients charged with property crimes, including damaging railroad tracks. In our experience, three defenses that are very persuasive with prosecutors, judges, and juries are:

1. You did not act with malice,
2. You did not damage the railroad tracks; and/or,
3. The police arrested the wrong person.

2.1. You did not act with malice

You have to act “maliciously” to be found guilty. Typical evidence we rely on to show the “absence of malice” is your recorded communications (such as texts at the time of the incident), eyewitness testimony, and surveillance video.

As long as we can show the D.A. there is a reasonable doubt as to you acting with malice, they should drop the charges.

2.2. You did not damage the railroad tracks

You are guilty under this statute only if you actually injured or destroyed a section of railroad tracks. Therefore, it is always a strong defense to show your actions caused no injury.

We find that photographs and video of the scene are strong evidence that no property damage occurred.

2.3. The police arrested the wrong person

Police sometimes arrest the wrong person. If a prosecutor cannot prove beyond a reasonable doubt that you are the person who caused injury/obstruction, then the crime should be dismissed.

In our experience, eyewitnesses routinely pick the wrong people out of lineups and have flawed memories of what happened. In many cases, we can show that the eyewitnesses who believed they saw you have credibility problems.

3. Penalties, Punishment, and Sentencing

A violation of PC 587 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, you can be punished by imprisonment in the county jail for up to one year.²

If charged as a felony, the crime is punishable by up to three years in the county jail.³

4. Related Offenses

There are four crimes related to damaging railroad tracks. These are:

1. trespass – PC 602;
2. vandalism – PC 594; and,
3. damaging utility lines – PC 591
4. train wrecking – PC 218

4.1. Trespass – PC 602

Trespass is a crime under California Penal Code 602 PC.

Trespass occurs when you enter or remain on another person’s property without their permission.⁴

In most cases, PC 602 violations are charged as misdemeanors. As such, the offense is punishable by:

• up to six months in county jail; and/or,
• a maximum fine of $1,000.⁵

See our related article on railroad trespassing (PC 369i).

4.2. Vandalism – PC 594

Vandalism is a crime per California Penal Code 594 PC.

Vandalism occurs when you

• deface,
• damage, or
• destroy

another person’s property without their permission.⁶

A violation of PC 594 can be charged as either a misdemeanor or a felony, depending on the dollar value of the property damage that was done.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁷

4.3. Damaging phone, electrical, or utility lines – PC 591

California Penal Code 591 PC makes it a crime to damage or obstruct any phone, electrical or utility lines.

A violation of PC 591 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁸

4.4. Train wrecking – PC 218

California Penal Code 218 PC makes it a felony to train wreck, which is obstructing or setting fire to a railroad with the intention of damaging or derailing a train. A felony, train wrecking carries life in prison without parole.⁹

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