Penal Code section 369i has separate railroad and transit-property branches, and both are misdemeanors. For the railroad branch, the statute requires entry or presence without permission and interference with safe and efficient rail operations, including conduct that would interfere if it continued. For the transit branch, the text uses “without permission or” interference with safe and efficient transit-facility operations. The charge, property type, permission facts, and alleged effect must be read under the specific branch named in the charging paper. (Penal Code § 369i)
The railroad and transit tests are different
| Branch | Property covered | What the statute requires |
|---|---|---|
| Railroad, § 369i(a) | Railroad land where a track is placed, plus railroad-owned, leased, or possessed land immediately adjacent to the track extending 20 feet on either side. | Entry or remaining without permission of the landowner, agent, or lawful possessor and interference, interruption, or hindrance to safe and efficient locomotive, railcar, or train operation—or conduct that would do so if allowed to continue. |
| Transit facility, § 369i(b) | Land, facilities, or vehicles owned, leased, or possessed by a county transportation commission, transportation authority, or transit district defined by Public Utilities Code § 99170, when used for public rail or passenger-bus transportation or directly related use. The provision also identifies specified BART property where BART has local-government policing responsibilities under an operations, maintenance, or similar interagency agreement. | The text says “without permission or” interference with safe and efficient operation of the transit facility. Do not substitute the railroad branch’s “and” test. The location still must be within the statute’s transit-property definition. |
These are not general trespass tests. A station, trackside location, or nearby parcel must be connected to the specific property definition in the charged branch. For the railroad branch, the 20-foot measure alone does not turn land held by someone else into railroad property. For the transit branch, identify the public entity and the property or vehicle alleged; proximity to a station alone does not answer that question. (Penal Code § 369i; Public Utilities Code § 99170)
Separate the related transit rule
Section 369i(c) preserves picketing in an immediately adjacent area and lawful activity to inform the public about an alleged labor dispute. The text does not make that a blanket authorization for every location or activity. Public Utilities Code section 99170 is a separate rule with its own transit-district provisions and infraction penalties; it does not change section 369i’s express misdemeanor classification. If a labor activity or another transit citation is involved, the actual location, conduct, and statute on each charging document should be reviewed separately. (Penal Code § 369i; Public Utilities Code § 99170)
Organize the records tied to the charged branch
Keep the citation or complaint and organize material already available to you. Counsel may need to compare the subsection charged, the location description, records identifying who owned, leased, or possessed the property, any permission communications, and the conduct the report says affected operations. A report’s general label of “trespass” does not itself resolve section 369i’s separate property and branch conditions.
For a pending California criminal charge, the Law Offices of David S. Chesley can review the actual charging document and its branch-specific allegations. Call (800) 755-5174 to discuss the case.