South Carolina

A trespasser is anyone on railroad property whose presence if prohibited, forbidden or unlawful. An individual on a highway-rail grade crossing is not a trespasser unless the crossing is equipped with gates - or other similar barriers - that were closed when they went on the crossing, or unless they tried to pass over, under or between cars or locomotives occupying the crossing.

A "trespasser incident" is generally defined as when a train hits a person or vehicle that should not have been on the tracks.