State v. Jessee

Crothers, Justice.

[¶ 1] Rebecca Kathleen Jessee appeals from a district court order deferring imposition of sentence after she was found guilty of tampering with a public service. Jessee argues her presence on railroad tracks during the Dakota Access Pipeline protest did not constitute tampering with tangible property and the district court improperly classified Burlington Northern Sante Fe Railway as a public service. We reverse, concluding Jessee's presence on the tracks did not constitute tampering with tangible property.

I

[¶ 2] In November 2016 a two-line stand-off between protesters and…