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Don’t Take Photos at These East Texas Locations Because its Illegal and Dangerous
Its a story that we don't hear very often but we always have to ask "Why?" That would be about someone getting killed or seriously hurt because they got hit by a train. And sometimes we'll see a photoshoot of someone posing on or around a train track that look spectacular. Problem is, at least in Texas, that kind of picturesque picture taking is illegal.
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They are Beautiful Photos
We've seen them on Instagram or other forms of social media or even art displays of magnificent looking photos of a model posing on or around a train track. Those scenes could be 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.
Texas Penal Code 28.07
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.
In other words, don't set up a photoshoot on a train track.
There is a line in the law that says "without the effective consent of the owner." So I would 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:
(a)?In this section:
(1)??Railroad property? means:
(A)?a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; ?or
(B)?a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.
(2)??Tamper? means to move, alter, or interfere with railroad property.
(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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This story was edited February 2023.