Penal Code § 587 PC - Damaging Railroad Tracks
1. What is Penal Code § 587 PC?
Penal Code § 587 PC Law Reads As Followed:
Under California Penal Code § 587, it is a criminal offense to maliciously damage or obstruct railroad tracks. The statute specifies that any person who:
Removes, displaces, injures, or destroys any part of any railroad, including tracks, branches, switches, turnouts, bridges, viaducts, culverts, embankments, station houses, or other structures connected with the railroad;
Places any obstruction upon the rails or track of any railroad, or any connected switch, branch, or turnout;
is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail for up to one year.
2. What Are Examples of Penal Code § 587 PC?
California Penal Code § 587 PC makes it a crime to maliciously damage or obstruct railroad tracks. This law is designed to protect railway infrastructure from acts of vandalism, destruction, or obstruction that could endanger public safety.
To violate PC 587, a person must intentionally damage, remove, or obstruct railroad tracks or related structures. This crime can be charged as either a misdemeanor or felony, depending on the severity of the offense.
Common Examples of Violations of Penal Code § 587 PC
There are many ways an individual can violate PC 587. Below are some real-world examples that illustrate how this law applies:
1. Removing or Damaging Railroad Tracks
A group of individuals trespasses onto a railway yard and removes bolts or fasteners from the tracks as an act of vandalism.
A person intentionally destroys sections of the track with tools, causing instability in the rail line.
2. Placing an Object on Railroad Tracks
A person places rocks, logs, or other objects on the tracks to see what happens when a train runs over them.
A group of individuals sets up an obstruction as a prank, unaware of the serious danger it poses to train operations.
3. Sabotaging a Railway Switch or Signal System
A disgruntled former railway worker manipulates a track switch, causing a train to divert from its intended route.
A person damages or removes railroad crossing signals, increasing the risk of an accident.
4. Throwing Objects at Moving Trains
A person throws rocks, bricks, or other heavy objects at a moving train, potentially causing damage or injury to passengers.
A group of vandals targets train cars, shattering windows and endangering passengers inside.
5. Tampering with Railroad Infrastructure
A person trespasses onto railway property and damages electrical wiring that controls train signals.
A protestor chains themselves to a section of the railroad tracks, obstructing train movement.
6. Attempting to Derail a Train
A person sets flammable materials on a track with the intent to disrupt train operations.
A criminal organization intentionally removes a section of tracks to cause a derailment.
3. What are Common Defenses Against Penal Code § 587 PC?
California Penal Code § 587 PC makes it a crime to maliciously damage or obstruct railroad tracks. This law aims to prevent acts that could compromise train operations or endanger public safety.
However, not all allegations under PC 587 are justified. Many people are wrongfully accused due to mistaken identity, lack of intent, or misinterpretation of events. If you are facing charges under this law, there are several strong legal defenses that may apply to your case.
Top Legal Defenses Against PC 587 Charges
1. Lack of Malicious Intent
One of the key elements of Penal Code 587 is that the act must be committed maliciously. Malice means that the defendant acted intentionally to cause harm or obstruction. If your actions were accidental or done without criminal intent, you cannot be convicted under this law.
Example Defense:
You tripped while walking near the tracks and accidentally knocked a railroad component loose.
You were engaged in routine maintenance or work but had no intention to cause damage.
If your defense attorney can show that you did not act with malice, the charges may be reduced or dismissed.
2. No Actual Damage or Obstruction
A conviction under PC 587 requires proof of actual damage or obstruction to the railroad tracks. If the prosecution cannot prove that harm was caused, you cannot be found guilty.
Example Defense:
You were near the tracks, but you never physically touched or altered them.
A report of railroad damage was later found to be due to natural causes (e.g., wear and tear, weather conditions).
If your attorney can provide photographic evidence, witness testimony, or expert analysis showing that no damage occurred, the case could be dismissed.
3. Mistaken Identity
Law enforcement officers sometimes arrest the wrong person, especially in cases where:
Eyewitnesses misidentify the suspect.
There is no clear surveillance footage.
The case relies on circumstantial evidence.
Example Defense:
A witness claimed they saw you near the tracks, but it was too dark to make a positive identification.
Surveillance footage shows a person who looks similar to you, but it does not clearly confirm your identity.
If the prosecution cannot prove beyond a reasonable doubt that you were the person responsible for the alleged damage, the charges should be dropped.
4. False Accusation
It is not uncommon for people to be falsely accused due to personal disputes, revenge, or misunderstandings.
Example Defense:
A former employer or rival falsely accused you of tampering with railroad tracks to get you in trouble.
Someone else committed the crime, but you were wrongly blamed based on misleading evidence.
Your defense attorney can challenge witness credibility, cross-examine testimony, and present alibi evidence to prove your innocence.
5. Insufficient Evidence
For a conviction under PC 587, the prosecution must prove that you:
Damaged or obstructed railroad tracks.
Did so maliciously.
If the evidence is weak, circumstantial, or inconclusive, the case may not hold up in court.
Example Defense:
There is no forensic evidence linking you to the damage.
The prosecution relies on speculation rather than solid proof.
Your attorney can file a motion to dismiss the case if the evidence is insufficient.
6. Police Misconduct or Violation of Rights
If law enforcement officers violated your constitutional rights, your case could be challenged in court.
Example Defense:
The police searched your property without a warrant or probable cause.
You were arrested without being informed of your rights (Miranda Rights violation).
If any of these violations occurred, your defense attorney can file a motion to suppress evidence, potentially leading to a dismissal of charges.
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4. What are The Penalties for Violating Penal Code § 587 PC?
California Penal Code § 587 PC makes it a crime to maliciously damage or obstruct railroad tracks. This law is intended to prevent acts that could disrupt train operations, cause property damage, or endanger public safety.
A violation of PC 587 is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the severity of the act and any prior criminal history of the defendant.
Misdemeanor vs. Felony Charges Under PC 587
Because PC 587 is a wobbler offense, the prosecutor has the discretion to file charges as either a misdemeanor or felony. The decision typically depends on factors such as:
The extent of the damage caused
The intent behind the act
Whether anyone was harmed or put at risk
The defendant’s criminal record
Misdemeanor Penalties for Violating Penal Code 587 PC
If charged as a misdemeanor, the penalties include:
Up to one year in county jail
A fine of up to $1,000
Possible probation with conditions such as restitution and community service
Misdemeanor charges are typically applied when the damage is minor and there was no significant threat to public safety.
Felony Penalties for Violating Penal Code 587 PC
If charged as a felony, the penalties increase significantly and may include:
16 months, 2 years, or 3 years in county jail
Substantial fines, possibly exceeding $10,000
Felony probation, which may include mandatory restitution, rehabilitation programs, or supervised release
Felony charges are more likely if the act resulted in significant damage, created a serious safety hazard, or involved criminal intent to cause harm.
Additional Consequences of a PC 587 Conviction
Beyond the standard penalties, a conviction for damaging railroad tracks can carry additional long-term consequences, including:
1. Restitution Costs
If convicted, the defendant may be required to pay restitution to the railroad company or government agencies for any repair costs.
2. Criminal Record
A felony conviction under PC 587 can have severe life-long consequences, including:
Difficulties finding employment
Loss of certain professional licenses
Restrictions on firearm ownership
Challenges in obtaining housing
3. Immigration Consequences
For non-U.S. citizens, a felony conviction under PC 587 may lead to deportation or denial of naturalization.
4. Strike Under California’s Three Strikes Law
If the act of damaging railroad tracks resulted in injury or death, the defendant may receive a strike under California’s Three Strikes Law, leading to harsher penalties for future convictions.
Possible Sentencing Enhancements
In some cases, a PC 587 conviction may carry sentencing enhancements, such as:
Great Bodily Injury Enhancement (PC 12022.7) – If someone was injured due to the act, an additional 3 to 6 years can be added to the sentence.
Gang Enhancement (PC 186.22) – If the act was done to benefit a gang, additional prison time can be imposed.
How to Defend Against PC 587 Charges
If you are facing PC 587 charges, there are several defenses that may apply:
Lack of Malicious Intent – The act was accidental, not intentional.
No Damage or Obstruction Occurred – There was no real harm to the tracks.
Mistaken Identity – The police arrested the wrong person.
False Accusation – Someone wrongly accused you.
5. What Are the Related Offenses To Penal Code § 587 PC?
California Penal Code § 587 PC makes it a crime to maliciously damage or obstruct railroad tracks. However, several other offenses are closely related to PC 587, either because they involve property damage, public safety risks, or illegal activities affecting transportation systems.
If you are charged with PC 587, prosecutors may also file additional or alternative charges under related offenses depending on the circumstances.
1. Trespassing – Penal Code § 602 PC
What is PC 602?
California Penal Code 602 PC makes it a crime to enter or remain on another person’s property without permission. This includes trespassing on railroad tracks, stations, or other restricted areas.
How It Relates to PC 587
A person enters a restricted railroad area without authorization but does not cause damage.
Someone is arrested for being near railroad tracks but did not actively damage or obstruct them.
Penalties for Trespassing (PC 602)
Misdemeanor charge
Up to six months in county jail
Fines up to $1,000
2. Vandalism – Penal Code § 594 PC
What is PC 594?
Vandalism occurs when a person defaces, damages, or destroys property belonging to someone else. Under PC 594, this crime applies to graffiti, physical destruction, or other forms of property damage, including damage to railroad tracks, signals, or trains.
How It Relates to PC 587
A person spray paints or scratches markings onto railroad tracks or signs.
Someone damages a train station structure or equipment but does not specifically damage tracks.
Penalties for Vandalism (PC 594)
Less than $400 in damage – Misdemeanor with up to one year in jail and a fine up to $1,000.
More than $400 in damage – Felony with up to three years in jail and substantial fines.
3. Damaging Phone, Electrical, or Utility Lines – Penal Code § 591 PC
What is PC 591?
This law prohibits tampering with or damaging phone, electrical, or utility lines. Since railroads rely on electrical systems, signals, and communication networks, damaging them could also lead to PC 591 charges.
How It Relates to PC 587
A person cuts or disables a railroad’s electrical signal to cause an obstruction.
Someone damages a railroad’s communication system, making train operation unsafe.
Penalties for Damaging Utility Lines (PC 591)
Misdemeanor charge – Up to one year in jail.
Felony charge – Up to three years in state prison.
4. Train Wrecking – Penal Code § 218 PC
What is PC 218?
One of the most serious railroad-related offenses, train wrecking involves obstructing, damaging, or tampering with a railroad in a way that could cause a train to derail or crash.
How It Relates to PC 587
A person places an object on train tracks to intentionally derail a train.
Someone sets fire to railroad tracks or damages a bridge to cause an accident.
Penalties for Train Wrecking (PC 218)
Felony charge
Sentence of 25 years to life in prison
Life without parole if the train wreck causes death
5. Railroad Trespassing – Penal Code § 369i PC
What is PC 369i?
This law prohibits unauthorized entry onto railroad property, including train tracks, stations, and rail yards.
How It Relates to PC 587
A person walks on active train tracks without permission, but does not cause damage.
Someone enters a restricted railroad yard and is arrested before committing further offenses.
Penalties for Railroad Trespassing (PC 369i)
Misdemeanor charge
Up to six months in jail
Fines up to $1,000
6. Interfering with Railroad Operations – Penal Code § 219 PC
What is PC 219?
This law makes it illegal to willfully interfere with railroad operations, including stopping, delaying, or obstructing train movement.
How It Relates to PC 587
A protestor blocks train tracks to delay or stop train service.
Someone intentionally parks a vehicle on the tracks to cause a train to stop.
Penalties for Interfering with Railroad Operations (PC 219)
Felony charge
Up to three years in prison
Defending Against PC 587 and Related Charges
If you are charged with damaging railroad tracks (PC 587) or any of these related offenses, possible defenses include:
Lack of Intent – The act was accidental and not malicious.
No Actual Damage – The railroad tracks or related infrastructure were not harmed.
Mistaken Identity – You were wrongfully accused or arrested.
Unlawful Arrest or Police Misconduct – The police violated your rights during the arrest.
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