Critical Infrastructure

Imposes fines and criminal penalties against individuals and organizations found guilty of impeding critical infrastructure.

In 2019 it was sponsored by Sen. Cheatham (R-Post Falls). The bill is nearly identical to one that was defeated in 2019 in Wyoming by our colleagues at the Powder River Basin Resource Council. Others have been struck down in South Dakota and Louisiana.

Using the specter of a Standing Rock style demonstration, lawmakers are introduced ALEC model legislation which would create a new category of criminal charges, “Crimes Against Critical Infrastructure.” This would create new criminal penalties for those convicted of trespassing on lands containing “critical infrastructure,” with a misdemeanor for unknown trespass (typically 6 months/$1,000) and felony category for willful/malicious trespass (typically up to 10 years/$10,000). In addition, the legislation creates a new criminal charge which assesses any organization “conspiring with” an individual charged with critical infrastructure trespass up to ten times the dollar amount fined that individual.

Sen. Cheatham said he will not be carrying this legislation, however, this does not rule out the possibility of another lawmaker carrying it.