What's happening
This bill expands the definition of second-degree criminal trespass to include unauthorized access to bridges, tunnels, or other critical infrastructure.
Why it matters
Broadens criminal liability. By explicitly adding bridges, tunnels, and other critical infrastructure to second-degree trespass, the law targets a wider range of locations, meaning more people could face prosecution for accessing these areas without permission—even if their intent isn’t obviously malicious.
Ambiguity in “critical infrastructure”. The new definition of “critical infrastructure” is broad and could be applied to a wide range of places deemed vital to the state, potentially creating uncertainty about what areas are off-limits and increasing the risk of accidental violations.
Increased penalties for protestors and thrill-seekers. The law could be used to deter or punish protest actions (like banner drops from bridges) or recreational activities (like urban exploring), elevating them to criminal misdemeanors with possible jail time rather than just lesser offenses or warnings.
Focus on public safety and security. Lawmakers aim to prevent disruptions or threats to infrastructure that could endanger public health and safety, reflecting heightened concerns about terrorism, sabotage, or accidental harm to key transportation and utility systems.
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Who cares
Headline styles
Expand Criminal Trespass Law
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2745
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. LENTOL -- read once and referred 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 school building for the limited purposes authorized by the superintendent or chief administrator of such school[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04644-01-9
A. 2745 2
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.