As Amended by House Committee
Session of 2025
HOUSE BILL No. 2061
By Committee on Judiciary
Requested by Fred Patton on behalf of Charter Communications Operating, LLC
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AN ACT concerning crimes, punishment and criminal procedure; relating
to the crimes of trespassing on a critical infrastructure facility and
criminal damage to a critical infrastructure facility; defining a critical
infrastructure facility used for telecommunications or video services to
include aboveground and belowground lines, cables and, wires and
certain other structures and equipment; amending K.S.A. 21-5818
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5818 is hereby amended to read as follows: 21-
5818. (a) Trespassing on a critical infrastructure facility is, without consent
of the owner or the owner's agent, knowingly entering or remaining in:
(1) A critical infrastructure facility; or
(2) any property containing a critical infrastructure facility, if such
property is completely enclosed by a fence or other physical barrier that is
obviously designed to exclude intruders or is clearly marked with a sign or
signs that are posted on the property that are reasonably likely to come to
the attention of intruders and indicate that entry is forbidden without site
authorization.
(b) Aggravated trespassing on a critical infrastructure facility is:
(1) Knowingly entering or remaining in:
(A) A critical infrastructure facility; or
(B) any property containing a critical infrastructure facility, if such
property is completely enclosed by a fence or other physical barrier that is
obviously designed to exclude intruders or is clearly marked with a sign or
signs that are posted on the property that are reasonably likely to come to
the attention of intruders and indicate that entry is forbidden without site
authorization; and
(2) with the intent to damage, destroy or tamper with a critical
infrastructure facility or impede or inhibit operations of the facility.
(c) Criminal damage to a critical infrastructure facility is knowingly
damaging, destroying or tampering with a critical infrastructure facility.
(d) Aggravated criminal damage to a critical infrastructure facility is
knowingly damaging, destroying or tampering with a critical infrastructure
facility with the intent to impede or inhibit operations of the facility.
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(e) (1) Trespassing on a critical infrastructure facility is a class A
nonperson misdemeanor.
(2) Aggravated trespassing on a critical infrastructure facility is a
severity level 7, nonperson felony.
(3) Criminal damage to a critical infrastructure facility is a severity
level 6, nonperson felony.
(4) Aggravated criminal damage to a critical infrastructure facility is
a severity level 5, nonperson felony.
(f) Nothing in this section shall be construed to prevent:
(1) An owner or operator of a critical infrastructure facility that has
been damaged from pursuing any other remedy in law or equity; or
(2) a person who violates the provisions of this section from being
prosecuted for, convicted of and punished for any other offense in article
58 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 66-2303, and amendments thereto.
(g) As used in this section, "critical infrastructure facility" means any:
(1) Petroleum or alumina refinery;
(2) electric generation facility, substation, switching station, electrical
control center, electric distribution or transmission lines, or associated
equipment infrastructure;
(3) chemical, polymer or rubber manufacturing facility;
(4) water supply diversion, production, treatment, storage or
distribution facility and appurtenances, including, but not limited to,
underground pipelines and a wastewater treatment plant or pump station;
(5) natural gas compressor station;
(6) liquid natural gas or propane terminal or storage facility;
(7) facility that is used for wireline, broadband or wireless
telecommunications or video services infrastructure whether such facility
is located within or outside of any public or highway right-of-way,
including, but not limited to:
(A) Aboveground and belowground lines, cable or wires;
(B) backup power supplies; and
(C) cable television headend;
(D) antennas, radio transceivers, towers, wireless support
structures, small cell facilities and any associated support structures
and accessory equipment; and
(E) equipment buildings, cabinets and storage sheds, shelters or
similar structures;
(8) port, railroad switching yard, railroad tracks, trucking terminal or
other freight transportation facility;
(9) gas processing plant, including a plant used in the processing,
treatment or fractionation of natural gas, propane or natural gas liquids;
(10) transmission facility used by a federally licensed radio or
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television station;
(11) steelmaking facility that uses an electric arc furnace to make
steel;
(12) facility identified and regulated by the United States department
of homeland security chemical facility anti-terrorism standards program, a
facility operated by the office of laboratory services under the supervision
of the secretary of health and environment pursuant to K.S.A. 75-5608,
and amendments thereto, the national bio and agro-defense facility or the
biosecurity research institute at Kansas state university;
(13) dam that is regulated by the state as a hazard class B or C dam or
by the federal government;
(14) natural gas distribution utility facility or natural gas transmission
facility, including, but not limited to, pipeline interconnections, a city gate
or town border station, metering station, belowground or aboveground
piping, a regular station or a natural gas storage facility;
(15) crude oil, including y-grade or natural gas liquids, or refined
products storage and distribution facility, including, but not limited to,
valve sites, pipeline interconnections, pump station, metering station,
belowground or aboveground pipeline or piping and truck loading or
offloading facility; or
(16) portion of any belowground or aboveground oil, gas, hazardous
liquid or chemical pipeline, tank, railroad facility or any other storage
facility that is enclosed by a fence or other physical barrier or is clearly
marked with signs prohibiting trespassing, that are obviously designed to
exclude intruders.
Sec. 2. K.S.A. 21-5818 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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