389.653.  Trespass to railroad property, penalties. — 1.  A person commits the offense of trespass to railroad property if such person:

  (1)  Throws an object at a railroad train or rail-mounted work equipment; or

  (2)  Maliciously or wantonly causes in any manner the derailment of a railroad train, railroad car or rail-mounted work equipment.

  2.  The offense of trespass to railroad property is a class A misdemeanor unless the trespass results in the damage or destruction of railroad property in an amount exceeding one thousand five hundred dollars, results in the injury or death of any person, or the person committing the offense discharges a firearm or a weapon at a railroad train or rail-mounted work equipment, in which case it is a class E felony.

  3.  Nothing in this section shall be construed to interfere with either the lawful use of a public or private railroad crossing, or as limiting a representative of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided by the Railway Labor Act.

  4.  As used in this section, "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or any other property owned, leased, operated or possessed by a railroad.