![\"Train](\"https:\/\/cldc.org\/wp-content\/uploads\/2014\/09\/TrainBlockforZine-450x337.jpg\")
Train Bock<\/p><\/div>\n
Use this guide to help you understand what you are getting into before taking any action. If you are arrested, you are obligating yourself to the federal and\/or state criminal legal system, which may have consequences that include a conviction, jail, and\/or probation. Act accordingly. If you are not able to deal with the consequences of an arrest and stand in solidarity with your community against government repression, don\u2019t risk arrest. Activism can take many forms, so be honest with yourself about how you can be most effective in fighting for climate justice.<\/em><\/p>\n **Please be aware that this primer is not legal advice and does not form an attorney-client relationship.**<\/p>\n Download Railroads, Ports, and Utilities Legal Primer<\/a> as a PDF for printing.<\/strong><\/p>\n This Primer is meant to supplement Know Your Rights training from the Civil Liberties Defense Center and does not include a discussion of the most common charges and punishments that activists will face from criminal trespass, disorderly conduct, criminal mischief, etc.<\/p>\n Each State has different laws that may apply to actions on railroad, port, or energy facility property. This primer focuses on Washington and Oregon and is not meant to replace diligent research by campaigns in these or other states. Do your Research!<\/p>\n Railroad tracks, and usually the land extending up to 50 feet on either side, are private property of railroad corporations. Railroad police have interstate jurisdiction and can investigate and enforce all state law crimes against the railroad whether or not the officers are on railroad property.<\/p>\n There are special state and federal charges that may be brought against protesters interfering with railroads and trains.<\/p>\n Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air (18 U.S.C. \u00a7 1992)<\/em><\/p><\/blockquote>\n This is a big charge. It covers lots of non-violent behavior that\u2019s not usually considered \u201cterrorism.\u201d<\/p>\n Disabling, wrecking, or derailing any on-track equipment or vehicle, as well as making tracks, depots, bridges, tunnels, signals, warehouses, etc., unusable or unworkable, qualifies as a \u201cterrorist attack\u201d under this statute.<\/p>\n You may also be charged under this statute for removing, damaging, or impairing a dispatch, crossing, or control signal, as well as interfering with drivers, engineers, or conductors with a reckless disregard for safety.<\/p>\n It\u2019s also important to note that collecting information, surveiling, photographing, videotaping, or diagramming railroads or equipment to assist in any of this behavior <\/em>may also qualify as a \u201cterrorist act,\u201d as does attempting, threatening, conspiring, or conveying false information about an attempt to do any of the above.<\/p>\n This is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or fines.<\/p>\n (Note: this charge applies to trains or mass transportation carriers involved in interstate or foreign commerce, or to individuals who cross state lines to commit the acts.)<\/p>\n Destruction of national-defense materials, national-defense premises, or national-defense utilities*<\/a> (18 U.S.C. \u00a7 2155)<\/em><\/p><\/blockquote>\n Despite its name, this charge covers lots of railroads. Injuring or destroying national-defense material, premises, or utilities is a crime, as long as you have the intent to injure, interfere with, or obstruct national defense. It\u2019s also a crime to attempt to do so.<\/em><\/p>\n \u201cMaterials, premises, and utilities\u201d include any railroad that might carry defense materials or troops \u2014 which could be most railroads.<\/p>\n This is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or fines.<\/p>\n Entering train to commit crime (18 U.S.C. \u00a7 1991)<\/em><\/p><\/blockquote>\n It\u2019s a crime to enter a train with the intent to injure property or a person, whatever that injury might look like.<\/p>\n This is a Class A misdemeanor<\/strong> punishable by up to 1 year in prison (injury to property or person) or a Class C felony<\/strong> punishable by up to 20 years (robbery or murder), and\/or a fine.<\/p>\n In Washington, charges exist for:<\/p>\n Obstructing or delaying train<\/em> (RCW 81.48.020)<\/p><\/blockquote>\n This charge is pretty broad and criminalizes obstructing, hindering, or delaying a railroad car.<\/p>\n This is a misdemeanor punishable by up to 90 days in jail and\/or a $1,000 fine.<\/p>\n Malicious injury to railroad property<\/em> (RCW 81.60.070)<\/p><\/blockquote>\n Tampering with any railroad equipment or structure is a crime in Washington. Railroad structures include embankments and culverts<\/em>. Technically, you have to tamper in a way that endangers the safety of the property or people. Also note that throwing a \u201cdangerous missile\u201d at a railcar is covered by this statute.<\/p>\n This is a Class B felony<\/strong> punishable by up to 10 years in state prison and\/or a $5,000 fine.<\/p>\n Sabotaging rolling stock<\/em> (RCW 81.60.080)<\/p><\/blockquote>\n \u201cRolling stock\u201d means something rolling along a railroad track. If you take, remove, damage, alter, or interfere with any part of a railcar, and you intend to injure the railcar or deprive its owner of it, you may have committed this crime.<\/p>\n This is a Class C felony<\/strong> punishable by up to 5 years in state prison and\/or a $1,000 fine.<\/p>\n In Oregon, entering or remaining on railroad yards, tracks, bridges, or rights of way automatically constitutes Criminal trespass in the first degree, a Class A misdemeanor<\/strong> punishable by up to 1 year in jail and\/or a fine of $6,250.<\/p>\n Interfering or obstructing the service of a railroad, or using, rearranging, manipulating, or damaging railroad property automatically constitutes Criminal mischief in the first degree, a Class C felony<\/strong>, punishable by up to 5 years in prison and\/or $125,000 fine.<\/p>\n Other States have different statutes or laws; make sure to research your state laws.<\/p>\n Note: Across the country, Criminal trespass remains the most common charge for activists involved in railroad actions. Keep in mind that, as in other types of actions, protesters may also be charged with criminal trespass, criminal mischief, disorderly conduct, or public nuisance.<\/p>\n Probation terms and restitution are common punishments for climate justice actions, but they are not often reported.<\/p>\n Ports are considered separate municipalities chartered by the state (like a city or a town). Port property is likely either owned by the port municipality, a corporation, or private individuals. State law applies in ports, but some federal charges may also apply because ports are considered critical infrastructure of commerce. Ports, like other municipal entities, have their own police forces to investigate and enforce laws concerning port property, which may include inland port property.<\/p>\n Port Block – Portland (Photo Credit: Portland Rising Tide)<\/p><\/div>\n <\/p>\n As with railroads, there are special state and federal charges that may be brought against protesters conducting actions at ports.<\/p>\n Boarding vessels before arrival<\/em> (18 U.S.C. \u00a7 2279)<\/p><\/blockquote>\n Boarding a vessel before it has completely moored\u2014that is, before it has come to a rest at port\u2014is a crime.<\/p>\n This is a Class B misdemeanor<\/strong> punishable by up to six months in prison and\/or a fine.<\/p>\n Destruction of national-defense materials, national-defense premises, or national-defense utilities<\/em> (18 U.S.C. \u00a7 2155)<\/p><\/blockquote>\n We saw this one under railroads, too. The charge covers injuring or destroying national-defense material, premises, or utilities, which can include port facilities. You have to have the intent to injure, interfere with, or obstruct national defense. It\u2019s also a crime to attempt to do so.<\/em><\/p>\n \u201cMaterials, premises, and utilities\u201d covers docks, wharves, piers, bridges, dams, canals, locks, boats, or buildings that could potentially be involved in moving defense material or troops.<\/p>\n This is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or fines.<\/p>\n In Washington, a charge exists for:<\/p>\n Obstructing navigation <\/em>(RCW 88.28.050)<\/p><\/blockquote>\n This charge covers obstructing the navigable portion or channel of a harbor, bay, river or stream in any way.<\/p>\n This is a misdemeanor punishable by a fine up to $300.<\/p>\n Note: some states, like Oregon, do not have any special charges dealing with ports. But, again, protesters may face typical activist charges such as criminal trespass, criminal mischief, disorderly conduct, or public nuisance. Also, if you enter a boat or building with the intent to commit a crime, you may be charged with felony burglary. Research the laws in your state.<\/p>\n Seneca Protest – Eugene (Photo Credit: Cascadia Forest Defenders)<\/p><\/div>\n Utilities, public utilities, or energy facilities are the infrastructure producing or transmitting energy to the public, or the companies that own such infrastructure. Electricity, gas, oil, water, and sewage are all utilities. Although usually privately owned, utilities enjoy special legal protections because of their importance to the general public.<\/p>\n There are special federal charges that may be brought against protesters interfering with utilities.<\/p>\n Destruction of an energy facility<\/em> (18 U.S.C. \u00a7 1366)<\/p><\/blockquote>\n Contrary to its name, this charge covers more than just \u201cdestruction.\u201d It\u2019s also a crime to damage a facility involved in the production, storage, transmission, or distribution of energy, or to attempt to do so.<\/em> This includes pipelines, whether or not they are under construction or operational.<\/p>\n If this damage causes a significant interruption in the facility\u2019s production (or if you cause over $100,000 in damage), this is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or a fine.<\/p>\n It\u2019s a Class E felony<\/strong> punishable by up to 5 years in prison and\/or a fine if you cause up to $5,00 in damages and no significant interruption.<\/p>\n Note: this charges applies even to facilities that are not functional<\/em> \u2014 either under construction or off-line.<\/p>\n Destruction of national-defense materials, national-defense premises, or national-defense utilities<\/em> (18 U.S.C. \u00a7 2155)<\/p><\/blockquote>\n We saw this in the railroad and ports sections. The charge covers injuring or destroying national-defense material, premises, or utilities. You have to have the intent to injure, interfere with, or obstruct national defense. It\u2019s also a crime to attempt to do so. <\/em><\/p>\n \u201cMaterials, premises, and utilities\u201d includes electric plants, lines, gas mains, pipes, poles, buildings, or structures supplying energy to national defense premises or armed forces. There are lots of national defense premises and lots of armed forces, so this includes a lot of utilities.<\/p>\n This is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or fines.<\/p>\n Criminal penalties for damaging a pipeline or facility<\/em>(49 U.S.C. \u00a7 60123)<\/p><\/blockquote>\n Damaging or destroying an interstate gas or hazardous liquid pipeline facility, or a pipeline used in interstate commerce \u2014 meaning it must cross a state line, which most pipelines do \u2014 is a crime. So is attempting to do so. <\/em><\/p>\n This is a Class C felony<\/strong> punishable by up to 20 years in prison and\/or fines.<\/p>\n However, in Washington, causing an interruption or impairment in utility service by physically damaging or tampering with utility property automatically constitutes Malicious mischief in the first degree, a Class B felony<\/strong> punishable by up to 10 years in prison and a fine of $20,000.<\/p>\n Causing a substantial risk of such interruption or impairment by damaging or tampering with utility property automatically constitutes Malicious mischief in the second degree, a Class C felony<\/strong> punishable by up to five years in prison and a $10,000 fine.<\/p>\n In Oregon, interfering or obstructing the service of a utility, or using, rearranging, manipulating, or damaging utility property automatically constitutes Criminal mischief in the first degree, a Class C felony<\/strong>, punishable by up to 5 years in prison and\/or $125,000 fine.<\/p>\n Note: It\u2019s worth repeating: in addition to the charges listed above, protesters may face typical activist charges such as criminal trespass, criminal mischief, disorderly conduct, or public nuisance.<\/p>\n Always remember that it\u2019s hard to predict what charges prosecutors will bring. Just because they didn\u2019t pursue a certain charge this time doesn\u2019t mean they won\u2019t in the future.<\/p>\n Recognize that actions such as making plans, scouting, threatening, attempting, and conveying false information<\/em> are often covered by the charge.<\/p>\n Do your legal research in advance of any potential arrest scenario.<\/p>\n Assert your Rights.<\/p>\n Know Your Rights<\/p>\n What to Do When Interacting with the Police<\/p>\n The police interfere with people\u2019s rights in three distinct ways: Conversation<\/strong>, Detention<\/strong>, and Arrest<\/strong>. Identify your situation so you know your rights, and note that if a cop gives you a warning or an order and you disregard it, you may be arrested. Anything you say can and will be used against you, so stay calm and in control.<\/em><\/strong><\/p>\n Police officers have the right to approach and ask you questions, but absent any reasonable suspicion that you are involved in criminal activity, an officer cannot detain you. You do not have to answer any questions.<\/strong> You do not have to provide identification to an officer at this level unless you are driving a motor vehicle; this includes non-US citizens. Minors (under 18 years of age) do not have to answer any questions by police unless a parent or attorney is present. Determine if you are in a Level I situation by asking if you are free to leave. If you are free to leave, leave.<\/strong><\/p>\n If an officer reasonably suspects you have been involved in a crime, they may detain you for questioning. You must identify yourself upon request at this level (name, address, D.O.B.). In most states, you do not have to produce an ID card unless you are the driver of a vehicle. Giving false information is a crime. Do not consent to a search, but if the police have probable cause or a warrant (which you should ask to see), they do not need your consent. But never verbally consent. Repeat: \u201cI do not consent to this search.\u201d<\/strong> Police may pat down your clothing if they have a reasonable suspicion that you are carrying a concealed weapon; do not physically resist but make it clear that you do not consent to any further search. Do not talk to the police. Say: \u201cI invoke my Fifth Amendment Right to remain silent. I want a lawyer.\u201d <\/strong> Police are allowed to lie to you, and anything you say (as well as complete silence) could be used against you and provide the police with probable cause to arrest you. Don\u2019t run away even if you believe what is happening to you is unlawful; this may lead to your arrest and injury. Remember officers\u2019 names and badge numbers, and write down everything about the incident as soon as possible.<\/strong><\/p>\n Ask for an attorney immediately upon being taken into custody. Repeat this demand as often as necessary. You have the right to remain silent\u2014wait for your attorney before saying anything. <\/strong>In most circumstances, if you refuse to provide a name and address while in custody, you will not be eligible for release or a court-appointed attorney.Within a reasonable time, the police must allow you to make a phone call to your attorney and may not legally listen to that call (but assume they will!).Do not talk to fellow arrestees regarding the circumstances of the arrest; you never know who might be listening\/recording or if you\u2019re actually talking to an informant or undercover officer. You must be provided adequate medical care while in custody. If you are on medication, inform the jail of that fact immediately and repeatedly, in writing if possible.<\/strong> If you have dietary restrictions for health or religious reasons, the jail may be required to provide you with alternative meals. Inform the jail of your dietary needs as soon as you arrive.<\/strong> If the jail fails to accommodate those needs, begin the grievance process immediately. Transgendered people have the right to be safe while in custody. Inform jail staff of issues of concern.<\/p>\n Either while in custody, or shortly upon your release, you will be required to appear in court for an arraignment hearing. Plead NOT GUILTY to all charges.<\/strong> Apply for a court-appointed attorney if you so choose. You will receive a future court date to appear. Make contact with your attorney as soon as possible.<\/strong> It is your responsibility to remain in contact with your attorney; this may be frustrating, but will be essential to your defense! If you choose to go to trial, it may be your responsibility to locate and secure witnesses on your behalf. If you are found guilty at trial, or elect to later plead guilty, you are allowed to delay sentencing at least 48 hours. At the sentencing hearing, you may be ordered to serve jail time, so be prepared to report to jail immediately. Probation<\/strong> requires you to obey all laws. A subsequent arrest while on probation could result in a separate probation violation case and additional punishment including jail.<\/p>\n Don\u2019t Brag: <\/strong>You\u2019re engaged in activism to protect the planet from further destruction, not to get cool points. Bragging about actions\u2014past, present, or future\u2014puts you and your community at risk. The government may use bragging to gather information about you, your comrades, and actions, and it may also decide to target you for getting more information. This applies to \u201creal life\u201d as well as electronically. Government agencies closely monitor email, Facebook and other websites, cell phones, and all electronic communications.<\/p>\n Don\u2019t Gossip: <\/strong>Like bragging, gossiping creates a weak link through which the government can gather information about a community to use against it. Additionally, gossip opens up opportunities for the government to exploit or even create disagreements and tensions between activists. Even if the government doesn\u2019t use your gossip to do damage, you may do that anyway; gossip can easily lead to good activists dropping out of movements. Online gossip can be especially damaging to individuals and communities, and most issues that arise within activist communities don\u2019t need to be broadcast to the public and the government.<\/p>\n Operate on a \u201cNeed to Know\u201d Basis: <\/strong>Only share information with others that NEEDS to be known, and only share the information with the people who NEED to know it. Any further sharing creates the unnecessary risks of information getting shared with informants, people who will snitch, and people who did not want the responsibility of knowing information. Furthermore, when you are sharing sensitive information with select individuals, be aware of who\u2014and what\u2014is around you. Don\u2019t share information in the presence of anyone who does not need to know it, or in the presence of any electronic devices, security cameras, places that could be wired, etc.<\/p>\n Infiltrator: one who enters into a group or territory with hostile intent, usually with backing from a government agency or corporation.<\/p>\n Informant: one who provides information about an individual or a community to a government agency or corporation.<\/p>\n Provocateur: one who is employed by a government agency or corporation to create problems in a community and\/or to encourage a community or individual members to engage in violent actions.<\/p>\n Snitch: one who turns their back on their community and takes on one or more of the above roles.<\/p>\n Assume that infiltrators, informants, and provocateurs are within any given activist community and respond accordingly. Be on the lookout for suspicious behavior from others, and adhere to security culture practices to help reduce the damage that these unwelcome parties can cause. If someone seems to have come out of nowhere, asks too many questions, stirs up unnecessary dissent, creates harmful gossip, pressures others to engage in violent activities, or behaves in other ways which suggest that they do not care about what is best for the cause, other activists, and the community\u2014don\u2019t trust them. They may be working for the government or a corporation that is eager to gather information about activists and to try to make effective groups fall apart.<\/p>\n In addition to being cautious about the danger posed by people who\u2019ve been paid to work their way into activist communities, you should be careful about trusting people who may one day snitch. If for any reason you think that someone would not be able to withstand pressure from the police, FBI, or other government agency\u2014or you think that someone would be tempted by offers of reduced sentences or money for turning on their comrades\u2014don\u2019t freely share information with them.<\/p>\n For a video of our Know Your Rights training for activists go to:<\/p>\n www.cldc.org\/know-your-rights-for-activists<\/p>\n Contact CLDC<\/a> to arrange a training or series of trainings for your community.<\/p>\n If you appreciate activist resources like this primer and our Know Your Rights trainings, please consider becoming a member of the Civil Liberties Defense Center or make a donation to support CLDC\u2019s work. Check out https:\/\/cldc.org\/donate\/<\/a> for more information about how you can help.<\/p>\nRailroads<\/h2>\n
What are the risks?<\/h4>\n
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What we\u2019ve seen so far in Railroad actions\u2026<\/h4>\n
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Ports<\/h2>\n
You should know<\/h3>\n
![\"Port](\"https:\/\/cldc.org\/wp-content\/uploads\/2014\/09\/PDXNoneShall-450x300.jpg\" "\\"Port")
What are the risks?<\/h3>\n
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What we\u2019ve seen so far in Port actions\u2026<\/h4>\n
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Utilities<\/h2>\n
![\"Seneca](\"https:\/\/cldc.org\/wp-content\/uploads\/2014\/09\/CFD3-450x337.jpg\")
You should know<\/h4>\n
What are the risks?<\/h4>\n
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What we\u2019ve seen so far in Energy Facility actions\u2026<\/h4>\n
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Understand what conduct is illegal<\/h4>\n
Basic Tips<\/h4>\n
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Level I: Conversation<\/h5>\n
\u201cAm I being detained?\u201d<\/h4>\n
Level II: Detention<\/h5>\n
Level III: Arrest<\/h5>\n
What Happens Next?<\/h4>\n
Security Culture Basics<\/h4>\n
Not Who You Think They Are<\/h4>\n
What to Do<\/h4>\n
Demand of Rights<\/h4>\n
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Notes<\/h2>\n