It’s Illegal and Dangerous to Take Pictures Using the Railroad in Texas

(Austin, Texas) - Every once in a while, we'll see a story on the news of someone getting hit by a train. Most of the time, the person that was hit is walking along, or on, the railroad tracks. The question we ask as we hear that story is simply "Why?"

Then we'll pull up Instagram and see these amazing photos of someone posing on or around a train track. They look spectacular. Problem is, in Texas, that kind of picture is illegal. Not to mention the danger involved in getting that photo taken.

Illegal to Take Pictures at, or on, a Railroad Track in Texas

These pictures have been on Instagram, TikTok and other forms of social media. They've even been used in art displays and look magnificent. It could be a model posing on a single rail in the countryside or the multiple rails of a railyard. Even high school seniors have chosen this locale for their senior pictures.

Problem is, by Texas law, this is illegal to do. There is a lot of legal speak but Texas Penal Code 28.07 says that a person or persons can not enter a railroad property (pose on a railroad track) or place an obstruction on a railroad track or right of way (setting up a camera tripod). Penalties can range from Class C misdemeanor all the way to a first degree felony.

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Texas Law About Taking Pictures at, or on, Railroad Tracks

There is a line in the law that says "without the effective consent of the owner." So I would assume (you know what happens when you assume) that you might be able to call a rail station and possibly set something up at that location. I can't speak for those stations, though, so you would just need to call them and ask.

This is the full penal code below:

(b)?A person commits an offense if the person:

(1)?throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; ?or

(2)?without the effective consent of the owner:

(A)?enters or remains on railroad property, knowing that it is railroad property;

(B)?tampers with railroad property;

(C)?places an obstruction on a railroad track or right-of-way; ?or

(D)?causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

(c)?An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

(d)?An offense under Subsection (b)(2)(A) is a Class C misdemeanor.

(e)?An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss of $100 or more, in which event the offense is:

(1)?a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(2)?a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;

(3)?a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;

(4)?a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;

(5)?a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; ?or

(6)?a felony of the first degree if the amount of the pecuniary loss is $300,000 or more.

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