Tampering with rail infrastructure — Definitions

Ark. Code Ann. § 23-12-808 — under Operation and Maintenance of Railroads.

Ark. Code Ann. § 23-12-808

(a) As used in this section:(1) “Interfere” means to tamper with, displace, remove, damage, disable, destroy, set fire to, impair, obstruct, or otherwise hinder; and(2) “Rail infrastructure” means the following that are located on property owned by a railroad or property owned, leased, possessed, operated, or otherwise used for or in connection with railroad operations:(A) A train, locomotive, freight car, passenger car, or any other on-track vehicle or on-track equipment;(B) A railroad track or structure;(C) A signaling or communication system or component; and(D) A station, terminal, depot, or other facility.

(1) “Interfere” means to tamper with, displace, remove, damage, disable, destroy, set fire to, impair, obstruct, or otherwise hinder; and

(2) “Rail infrastructure” means the following that are located on property owned by a railroad or property owned, leased, possessed, operated, or otherwise used for or in connection with railroad operations:(A) A train, locomotive, freight car, passenger car, or any other on-track vehicle or on-track equipment;(B) A railroad track or structure;(C) A signaling or communication system or component; and(D) A station, terminal, depot, or other facility.

(A) A train, locomotive, freight car, passenger car, or any other on-track vehicle or on-track equipment;

(B) A railroad track or structure;

(C) A signaling or communication system or component; and

(D) A station, terminal, depot, or other facility.

(b) A person commits the offense of tampering with rail infrastructure if he or she without lawful authority or permission:(1) Recklessly:(A) Places an obstruction on or within or interferes with a:(i) Part or securement of a rail, track, tie, switch, ballast, or other fixture or device;(ii) Bridge, tunnel, viaduct, tower, culvert, drain, trestle, embankment, or parapet; or(iii) Structure that is attached to, connected to, or used with railroad tracks or for the operation of any railroad infrastructure;(B) Interferes with a:(i) Signal, mechanism, device, piece of equipment, bungalow, communication line or antenna, or other appurtenance used in controlling the signal or communication systems of rail infrastructure;(ii) Train control system;(iii) Centralized dispatching system;(iv) Wayside detector;(v) Communication tower;(vi) Buried or aerial facility; or(vii) Highway-rail grade crossing warning system;(C) Places or releases a biological agent or toxin, destructive substance, or destructive device in, upon, near, or on board rail infrastructure;(D) Detaches, initiates an emergency brake application, or otherwise impedes the movement of rail infrastructure;(E) Assaults or injures a rail passenger, railroad employee, or police officer of a railroad or a person on or within rail infrastructure;(F) Makes a terroristic threat to commit any of the acts described in subdivisions (b)(1)(A)-(E) of this section; or(G) Attempts, threatens, or conspires with others to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section; or(2) Knowingly conveys false information or reports regarding an attempt or alleged attempt to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section.

(1) Recklessly:(A) Places an obstruction on or within or interferes with a:(i) Part or securement of a rail, track, tie, switch, ballast, or other fixture or device;(ii) Bridge, tunnel, viaduct, tower, culvert, drain, trestle, embankment, or parapet; or(iii) Structure that is attached to, connected to, or used with railroad tracks or for the operation of any railroad infrastructure;(B) Interferes with a:(i) Signal, mechanism, device, piece of equipment, bungalow, communication line or antenna, or other appurtenance used in controlling the signal or communication systems of rail infrastructure;(ii) Train control system;(iii) Centralized dispatching system;(iv) Wayside detector;(v) Communication tower;(vi) Buried or aerial facility; or(vii) Highway-rail grade crossing warning system;(C) Places or releases a biological agent or toxin, destructive substance, or destructive device in, upon, near, or on board rail infrastructure;(D) Detaches, initiates an emergency brake application, or otherwise impedes the movement of rail infrastructure;(E) Assaults or injures a rail passenger, railroad employee, or police officer of a railroad or a person on or within rail infrastructure;(F) Makes a terroristic threat to commit any of the acts described in subdivisions (b)(1)(A)-(E) of this section; or(G) Attempts, threatens, or conspires with others to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section; or

(A) Places an obstruction on or within or interferes with a:(i) Part or securement of a rail, track, tie, switch, ballast, or other fixture or device;(ii) Bridge, tunnel, viaduct, tower, culvert, drain, trestle, embankment, or parapet; or(iii) Structure that is attached to, connected to, or used with railroad tracks or for the operation of any railroad infrastructure;

(i) Part or securement of a rail, track, tie, switch, ballast, or other fixture or device;

(ii) Bridge, tunnel, viaduct, tower, culvert, drain, trestle, embankment, or parapet; or

(iii) Structure that is attached to, connected to, or used with railroad tracks or for the operation of any railroad infrastructure;

(B) Interferes with a:(i) Signal, mechanism, device, piece of equipment, bungalow, communication line or antenna, or other appurtenance used in controlling the signal or communication systems of rail infrastructure;(ii) Train control system;(iii) Centralized dispatching system;(iv) Wayside detector;(v) Communication tower;(vi) Buried or aerial facility; or(vii) Highway-rail grade crossing warning system;

(i) Signal, mechanism, device, piece of equipment, bungalow, communication line or antenna, or other appurtenance used in controlling the signal or communication systems of rail infrastructure;

(ii) Train control system;

(iii) Centralized dispatching system;

(iv) Wayside detector;

(v) Communication tower;

(vi) Buried or aerial facility; or

(vii) Highway-rail grade crossing warning system;

(C) Places or releases a biological agent or toxin, destructive substance, or destructive device in, upon, near, or on board rail infrastructure;

(D) Detaches, initiates an emergency brake application, or otherwise impedes the movement of rail infrastructure;

(E) Assaults or injures a rail passenger, railroad employee, or police officer of a railroad or a person on or within rail infrastructure;

(F) Makes a terroristic threat to commit any of the acts described in subdivisions (b)(1)(A)-(E) of this section; or

(G) Attempts, threatens, or conspires with others to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section; or

(2) Knowingly conveys false information or reports regarding an attempt or alleged attempt to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section.

(c) The offense of tampering with rail infrastructure is a Class D felony.