Trespassing on NY Railroads

lvrr325 wrote:Yes, in addition to the clippers you should have some safety gear on.

Funny you say that. In the UK, they are having an ongoing debate about if you should wear hi-viz yellow or orange. Yellow could be confused with a signal.

On pages 64 - 65 in the OCTOBER 2006 trains magazine, there is a article titled We,the Railfans,reserve the Right to bear cameras. I think this would fit right in with this topic . If no one has the article I have a scanned copy I'll gladly send one.

Mr.S wrote:On pages 64 - 65 in the OCTOBER 2006 trains magazine, there is a article titled We,the Railfans,reserve the Right to bear cameras. I think this would fit right in with this topic . If no one has the article I have a scanned copy I'll gladly send one.

The right to bear cameras? Perhaps on public property. On private RR property without permission - ummm, no.

nydepot wrote:I guess I see where your confusion is. Trespassing in and of itself is not illegal.

New York penal code § 140.05 wrote:A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

I knowingly entered several premises already this morning. I trespassed all those times? I trespassed in Wegmans? See, there is more to the law than just that one sentence. Remember the signs from RR Tresspass law? No signs, no knowingly. Remember the word designation?

We've all trespassed at some point. But refusing to leave is another matter (See "remains unlawfully" in your quote) . Railroad.net is full of stories of people being asked to leave property or even stories of people thinking they were on non-railroad property and still being asked to leave by railroad police. Trespassing? Yes. Unlawful? No, because they left when asked to leave.

Anyway, I'd believe the State Police and ECOs that keep writing those trespass articles and answers for The Conservationist. Probably a bit more knowledgeable.

Charles

NE2 wrote:

nydepot wrote:I guess I see where your confusion is. Trespassing in and of itself is not illegal.

New York penal code § 140.05 wrote:A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Right on!

Mr.S wrote:On pages 64 - 65 in the OCTOBER 2006 trains magazine, there is a article titled We,the Railfans,reserve the Right to bear cameras. I think this would fit right in with this topic . If no one has the article I have a scanned copy I'll gladly send one.

nydepot wrote:I knowingly entered several premises already this morning. I trespassed all those times? I trespassed in Wegmans? See, there is more to the law than just that one sentence. Remember the signs from RR Tresspass law? No signs, no knowingly. Remember the word designation?

We've all trespassed at some point. But refusing to leave is another matter (See "remains unlawfully" in your quote) . Railroad.net is full of stories of people being asked to leave property or even stories of people thinking they were on non-railroad property and still being asked to leave by railroad police. Trespassing? Yes. Unlawful? No, because they left when asked to leave.

Anyway, I'd believe the State Police and ECOs that keep writing those trespass articles and answers for The Conservationist. Probably a bit more knowledgeable.

Charles

NE2 wrote:

nydepot wrote:I guess I see where your confusion is. Trespassing in and of itself is not illegal.

New York penal code § 140.05 wrote:A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Are you really missing the point? Trespassing is remaining unlawfully. Full stop. If it's not illegal, it's not trespassing.

We don't need to continue this. It's a word with real and multiple definitions.

Trespassing is as soon as you enter the premises of a place you don't have explicit permission to be.

GUILTY of trespassing is as soon as you fail to leave when asked (wanton). Or, if there was was a sign, you wantonly disregard a sign. Hence the wording of the law.

Charles

I think we've really run the course here... PM or email me if you have questions.

-otto-