That’s A Crime?–Injuring Railroad Structures; Driving Cattle on Tracks

This is Part 3 in a series of posts devoted to obscure and perhaps unknown Florida criminal laws.

 

Ever wondered about the ramifications of driving cattle onto train tracks in Florida?  Me either.  But now that we’re talking about it, go check out Fla. Stat. 860.11. The statute states:

Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle guard, or other superstructure of any railroad company or salts the track of any railroad company for the purpose of attracting cattle thereto, or who shall drive cattle thereon, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

It cannot be emphasized enough that this crime is a second degree felony, which means the maximum penalty is up to 15 years in prison.

Background

This statute became law back in 1881, and was last revised in 1971.

Application

A search in Westlaw indicated no case law history citing this statute.

Resources

  • Click here to read an interesting article discussing this statute as well as a few other weird Florida laws.
  • Although this law may seem a bit unusual, here’s why it may just be a good idea to have this type of law in rural areas containing livestock.  This tragedy happened in Ohio in 2010.

(Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship.)

No Responses to “That’s A Crime?–Injuring Railroad Structures; Driving Cattle on Tracks”




By submitting a comment here you grant Matthews Law Firm, Bartow Health Care Compliance and Criminal Defense a perpetual license to reproduce your words and name/web site in attribution. Inappropriate comments will be removed at admin's discretion.