What's happening
This bill expands second degree criminal trespass to include unauthorized access to bridges, tunnels, or other critical infrastructure not intended for public use.
Why it matters
Broadens legal protections for critical infrastructure. by explicitly including bridges, tunnels, and other key assets under criminal trespass law, reflecting concerns about public safety, potential sabotage, or disruption.
Creates potential legal consequences for a wider range of actions. , such as climbing or accessing non-public portions of infrastructure—even if not physically damaging property—by making such actions a class A misdemeanor.
Defines "critical infrastructure" and "not intended for public use" in law. , providing clearer standards for prosecution but also raising questions about public understanding, signage, and the boundaries of lawful vs. unlawful access.
May impact activists, photographers, or thrill-seekers. who access these areas without malicious intent, as the bill does not require intent to harm—only unauthorized entry—thus potentially increasing arrests and prosecutions for actions previously treated as minor or civil violations.
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Who cares
Headline styles
Expand Trespass Law Scope
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1302
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Trespass Law Coverage
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
499
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. SQUADRON, GIANARIS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to expanding the definition of the offense of criminal trespass in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "critical infrastructure safety act".
§ 2. Section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended to read as follows: § 140.15 Criminal trespass in the second degree.
1. A person is guilty of criminal trespass in the second degree when:
[1.] a. he or she knowingly enters or remains unlawfully in a dwelling; [or]
[2.] b. being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school. It shall not be an offense subject to prosecution under this subdivision if: the person is a lawfully registered student at such school; the person is a lawful student participant in a school sponsored event; the person is a parent or a legal guardian of a lawfully registered student at such school and enters the school for the purpose of attending their child's or dependent's event or activity; such school is the person's designated polling place and he or she enters such school building for the limited purpose of voting; or if the person enters such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03866-01-7
S. 499 2
school building for the limited purposes authorized by the superintendent or chief administrator of such school[.]; or
c. he or she knowingly climbs upon any railing, cable, suspender rope, tower, or superstructure of any bridge, or otherwise trespasses on any portion of a bridge, tunnel, or any other critical infrastructure that is not intended for public use.
2. As used in this section:
a. "critical infrastructure" shall mean systems, assets, places or things so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy; and
b. "not intended for public use" shall mean any area on or surrounding critical infrastructure that is either clearly marked as such or that a reasonable person would determine is not for public use.
Criminal trespass in the second degree is a class A misdemeanor.
§ 3. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to expanding the definition of the offense of criminal trespass in the second degree
Summary of specific provisions
Section 1 establishes the title as the "Critical Infrastructure Safety Act."
Section 2 amends Section 140.15 of the penal law by making a person guilty of Criminal Trespassing in the Second Degree when he or she knowingly climbs upon any railing, cable, suspender rope, tower, or superstructure of any bridge, or otherwise trespasses on any portion of a bridge, tunnel, or any other critical infrastructure that is not intended for public use. Section one also defines "critical infrastructure" and "not intended for public use:"
"Critical Infrastructure" means systems, assets, places or things,so vital to the state that the disruption, incapacitation or destruction of them could jeopardize the health, safety, welfare or security of the state, its residents or its economy
"Not intended for public use" means any area on or surrounding critical infrastructure that is either clearly marked as such or that a reasonable person would determine is not for public use. Criminal trespass in the second degree is a class A misdemeanor.
Section 3 establishes the effective date.
Justification
Three separate incidents of tourists climbing the Brooklyn Bridge, one in which two people replaced the American flags atop the towers of the bridge, have highlighted a serious gap in New York State Law. Currently, there is no language in State law that distinguishes trespassing on critical infrastructure from other instances of trespassing.
This bill will hold accountable those who jeopardize the safety of New York's residents by knowingly climbing areas of critical infrastructure not intended for public use. The state Division of Homeland Security uses a similar definition of critical infrastructure to assess the vulnerability of infrastructure to terrorist attack.
Prior legislative history
2016: S2190/A6792A - PASSED SENATE/ referred to codes 2015: S2190/A6792 - REFERRED TO CODES/ referred to codes
Fiscal implications
No fiscal impact
Effective date
This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.