California Penal Code §369i — Trespassing on Railroad and Transit Property
California Penal Code §369i makes it a misdemeanor to enter or remain on railroad or transit property without permission when that presence or conduct interferes with, interrupts, or hinders — or would, if allowed to continue — the safe and efficient operation of trains or transit. Being on the property without permission is not enough on its own; interference, actual or potential, is the core of the offense.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Trespassing on Railroad and Transit Property Cases in All LA County Courts
01 — Quick Facts
PC §369i — Trespassing on Railroad and Transit Property at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §369i — Trespassing on Railroad and Transit Property |
| Classification | Misdemeanor |
| Maximum Jail | 6 months in county jail |
| Maximum Fine | $1,000 |
| Core Requirement | Actual or potential interference with safe and efficient train or transit operation |
| Railroad Property | Land under the track plus 20 feet on either side owned, leased, or possessed by the railroad |
| Transit Property | Rail and transit facilities of county transportation commissions, authorities, and districts |
| Labor Exception | Picketing and lawful labor-dispute informational activity are not prohibited |
| Strike | No — §369i is a misdemeanor |
| Free Consultation | (213) 723-2337 |
01 — What Is PC §369i?
What Is California Penal Code §369i?
PC §369i Reads:
"Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner's agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor. As used in this subdivision, "property of any railroad" means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, which is owned, leased, or possessed by a railroad."
— California Penal Code §369i(a)(1)
Penal Code §369i is a targeted trespass statute aimed at protecting the operation of railroads and public transit, not a rule that every unauthorized step onto railroad land is a crime. The offense has two core parts. First, the person must enter or remain on railroad or transit property without permission from the owner, the owner's agent, or the person in lawful possession. Second, the person's entry, presence, or conduct must interfere with, interrupt, or hinder the safe and efficient operation of a locomotive, railway car, or train — or be conduct that would do so if allowed to continue. That second element separates §369i from general trespassing. A person walking across a remote section of right-of-way with no train approaching and no effect on operations presents a very different case from a person standing on the tracks as a train slows to avoid them.
The 20-Foot Railroad Property Boundary
For railroads, the statute defines the protected area precisely. "Property of any railroad" means land owned, leased, or possessed by the railroad on which a track is placed, plus the land immediately adjacent to it, to a distance of 20 feet on either side of the track, that is owned, leased, or possessed by the railroad. Location therefore matters. A person standing more than 20 feet from the track, or on land the railroad does not own, lease, or possess, is outside the statute's railroad-property definition, even if they are close enough to watch trains pass. Measurements, maps, photographs, and the railroad's property records can become important evidence.
Railroad Property — Subdivision (a)
Subdivision (a) protects the track and the adjacent 20-foot strip owned, leased, or possessed by a railroad. The interference element focuses on the safe and efficient operation of locomotives, railway cars, and trains.
Transit-Related Property — Subdivision (b)
Subdivision (b) applies the same interference-based rule to transit-related property, including rail and transit facilities of county transportation commissions, authorities, and districts. In Los Angeles County, that can include Metro rail facilities, depending on the facts.
Interference Is the Heart of the Offense
The prosecution must prove more than unauthorized presence. It must show that the person's entry, presence, or conduct actually interfered with, interrupted, or hindered safe and efficient operations, or would have done so if allowed to continue. Evidence may include a train being forced to slow or stop, a delay in service, or conduct placing the person in a train's path. Where no train was operating, no service was affected, and the person's presence posed no realistic risk to operations, the interference element is open to challenge. That is why the defense of a §369i case is usually built around what was actually happening on the line at the time.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §369i
To convict under §369i, the prosecution must prove each element beyond a reasonable doubt. Because the statute is narrower than general trespass, each element offers a potential point of dispute.
Entering or Remaining on Railroad or Transit Property
The person must have entered or remained on property within the statute: the track and the adjacent 20-foot strip owned, leased, or possessed by a railroad, or covered transit-related property. Public sidewalks, streets, and land outside the boundary are not covered by the railroad-property definition.
Without Permission
The entry or presence must be without the permission of the owner, the owner's agent, or the person in lawful possession. Workers, contractors, and people directed onto the property by authorized personnel may have permission. Paying passengers in areas open to the public are in a different position than someone in a restricted area.
Interference With Safe and Efficient Operation
The person's entry, presence, or conduct must interfere with, interrupt, or hinder the safe and efficient operation of a locomotive, railway car, or train, or be conduct that would do so if allowed to continue. Unauthorized presence alone, with no actual or potential effect on operations, does not satisfy this element.
Not Protected Labor Activity
Subdivision (c) provides that the section does not prohibit picketing in the immediately adjacent area or lawful labor-dispute informational activity. Where the conduct fits that exception, the statute does not apply.
04 — Penalties
Penalties for PC §369i Trespassing on Railroad and Transit Property in California
Section 369i classifies the offense as a misdemeanor. Under California's general misdemeanor punishment provision, the maximum is six months in county jail, a fine of up to $1,000, or both. These are statutory ceilings, not a prediction of the sentence in any particular case.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Trespass on railroad or transit property with interference | PC §369i; PC §19 | Up to 6 months county jail and/or $1,000 fine | Summary probation may be available | No |
Probation and Other Consequences
- Summary probation is a possible disposition, and courts may impose conditions such as staying away from specific railroad or transit property. The outcome depends on the facts and the defendant's record.
- Additional charges, such as vandalism for damage to equipment, carry their own penalties and must be analyzed separately from the §369i count.
- A misdemeanor conviction can appear on background checks. Record relief such as dismissal under PC §1203.4 may be available later, but it is not automatic and requires individual review.
- A new misdemeanor can affect an existing probation or parole case. Counsel should review any current court orders.
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §369i Trespassing on Railroad and Transit Property Charges
The strongest §369i defenses usually focus on the interference element, the property boundary, and permission. Rubin Law, P.C. reviews the location, the operational records, and the circumstances of the encounter. No defense guarantees a particular outcome.
No Actual or Potential Interference
If no train or transit vehicle was affected, and the person's presence or conduct would not have affected operations if it had continued, the central element is missing. Dispatch logs, train event recorders, schedules, and video can show whether any operation was slowed, stopped, or put at risk. Unauthorized presence alone is not a §369i violation.
Core Element
Outside the 20-Foot Boundary
Railroad property under the statute extends only 20 feet on either side of the track and only over land the railroad owns, leases, or possesses. Measurements, photographs, GPS data, and property records can show the person was outside the protected area.
Location
Permission or Consent
Presence with the permission of the owner, its agent, or the person in lawful possession is not a violation. Employees, contractors, and people directed by staff may have authority to be on the property, even in areas normally closed to the public.
Authorized Presence
Mistake of Fact
A person who reasonably believed they were on public land, on a permitted crossing, or in an area open to the public may lack the knowledge that their presence was unauthorized. Missing signage, unclear fencing, and established public paths can support this defense.
Good-Faith Belief
Necessity or Emergency
Entering railroad property to escape danger, assist an injured person, or prevent greater harm may be justified under the necessity defense. The defense requires that the harm avoided be greater than the harm caused and that there was no reasonable legal alternative.
Justification
Picketing and Labor Activity Exception
The statute does not prohibit picketing in the immediately adjacent area or lawful labor-dispute informational activity. Where the alleged conduct was part of protected labor activity, the exception may bar the charge.
Subdivision (c)
Constitutional Sources
07 — Court Process
How PC §369i Trespassing on Railroad and Transit Property Cases Move Through Los Angeles Courts
A §369i case follows the misdemeanor process. Timelines vary by court and by whether the person was cited and released or booked. The citation or case notice controls where an appearance is required.
- 1
Step 1 — Citation or Arrest
Many §369i cases begin with a citation from railroad police, transit security, or local law enforcement. Preserve the citation, photographs of the location, and the names of any witnesses.
- 2
Step 2 — Arraignment
Counsel reviews the complaint and enters a plea. In many misdemeanor cases, counsel can appear on the defendant's behalf. Discovery requests should include video and operational records.
- 3
Step 3 — Evidence and Motion Review
Counsel examines whether the evidence shows interference, whether the location was within the statutory boundary, and whether any search or detention was lawful.
- 4
Step 4 — Resolution or Trial
Possible paths include dismissal, diversion where available, a negotiated disposition, or trial. The prosecution bears the burden of proving every element beyond a reasonable doubt.
Los Angeles Courts That Handle PC §369i Trespassing on Railroad and Transit Property Cases
Los Angeles County railroad and transit trespass cases are heard at the courthouse named on the citation or case notice. The guides below provide general courthouse information, not a promise about where a specific case will be heard.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Trespassing on Railroad and Transit Property Defense Attorney
Daniel S. Rubin has defended clients charged with trespassing on railroad and transit property and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §369i in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Trespassing on Railroad and Transit Property Cases Throughout LA County
09 — FAQs
PC §369i Trespassing on Railroad and Transit Property Questions — Los Angeles
Is it illegal to walk on railroad tracks in California?
Under Penal Code §369i, entering or remaining on railroad property without permission is a misdemeanor only when the person's presence or conduct interferes with, interrupts, or hinders safe and efficient train operation, or would do so if allowed to continue. Other laws may also apply depending on the location and circumstances.
What counts as railroad property under PC 369i?
Railroad property means land owned, leased, or possessed by a railroad on which a track is placed, plus the immediately adjacent land to a distance of 20 feet on either side of the track that the railroad owns, leases, or possesses.
Does PC 369i apply to Metro and other transit systems?
Yes. Subdivision (b) applies the same interference-based rule to transit-related property, including rail and transit facilities of county transportation commissions, authorities, and districts.
What is the penalty for violating PC 369i?
It is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. Summary probation may be available depending on the case.
Is just being on railroad property enough for a conviction?
No. The prosecution must prove that the person's entry, presence, or conduct interfered with, interrupted, or hindered safe and efficient operation, or would have if allowed to continue. Unauthorized presence alone does not violate §369i.
Can union members be charged for picketing near railroad tracks?
Subdivision (c) provides that §369i does not prohibit picketing in the immediately adjacent area or lawful labor-dispute informational activity.
What should I do if I received a PC 369i citation?
Keep the citation, note the exact location, and preserve photographs and witness information. Avoid discussing the incident with officers. Call Rubin Law, P.C. at (213) 723-2337 for a confidential consultation.
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Cited for PC §369i Railroad or Transit Trespassing?
Discuss interference, the 20-foot boundary, and permission with Rubin Law, P.C. Call (213) 723-2337 for a confidential consultation about your case.
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