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Virginia criminal charge

Trespassing on railroad track in Virginia

Current through 2026 Virginia legislative session

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?

Penalties for Trespassing on railroad track
PenaltyRangeBasisAuthority
Fineup 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)))discretionaryVa. Code Ann. § 18.2-11
Fineup 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)))discretionaryVa. Code Ann. § 18.2-11
Jail / prisonup 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.)discretionaryVa. Code Ann. § 18.2-11
Fineup 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)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

How is trespassing on railroad track classified in Virginia?

The classification depends on the circumstances:

Classification variants for Trespassing on railroad track
VariantClassificationWhen it appliesStatute
First offense trespassing on railroad trackClass 4 MisdemeanorApplies to a first violation of trespassing on a railroad track.Va. Code Ann. § 18.2-159undefined
Second offense within two yearsClass 3 MisdemeanorApplies when a second violation occurs within two years of the first violation.Va. Code Ann. § 18.2-159undefined
Third or subsequent offense within two yearsClass 1 MisdemeanorApplies 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.