A person who, without the consent of the owner of the property, recklessly, knowingly, or intentionally damages or defaces:

1. (1) a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way;
2. (2) a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company; or

3. (3) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company;

   commits railroad mischief, a Level 6 felony. However, the offense is a Level 5 felony if the offense results in serious bodily injury to another person and a Level 2 felony if the offense results in the death of another person.

As added by P.L.158-2013, SEC.455.