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AN ACT relating to key infrastructure assets. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 511.100 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Key infrastructure assets" means: 5
1. Any critical node of a system used in the production or generation of 6
electrical energy; 7
2. A petroleum refinery; 8
3. A rubber or hazardous chemical manufacturing facility; 9
4. A petroleum or hazardous chemical storage facility or terminal; 10
5. Natural gas processing, fractionation, stabilization, and compressor 11
station facilities, as well as above-ground natural gas or petroleum 12
pipelines and related facilities; 13
6. Railroad yards and railroad tunnel portals; 14
7. A drinking water collection, treatment, or storage facility; 15
8. Grounds or property of a state prison, juvenile justice facility, jail, or 16
other facility for the detention of persons charged with or convicted of 17
crimes; 18
9. A facility used for research, development, design, production, delivery, 19
or maintenance of military weapons systems, subsystems, and 20
components or parts to meet military requirements of the United States; 21
10. A wireless communications facility, including the tower, antennae, 22
support structures and all associated ground-based equipment, and a 23
telecommunications central switching office; 24
11. A facility, equipment, or communication line used in the delivery of 25
cable television , telephony, or broadband service[headend]; 26
12. A commercial food manufacturing or processing facility in which food 27 UNOFFICIAL COPY 25 RS BR 1112
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is manufactured, processed, or packaged, commercially, for human 1
consumption, but not including retail food establishments, home-based 2
processors, or home-based microprocessors as those terms are defined in 3
KRS 217.015; 4
13. An animal feeding operation as defined in 40 C.F.R. sec. 122.23; or 5
14. A concentrated animal feeding operation as defined in 40 C.F.R. sec. 6
122.23; and 7
(b) "Unmanned aircraft system" means an aircraft that is operated without the 8
possibility of direct human interaction from within or on the aircraft and 9
includes everything that is on board or otherwise attached to the aircraft and 10
all associated elements, including communication links and the components 11
that control the small unmanned aircraft, that are required for the safe and 12
efficient operation of the unmanned aircraft in the national airspace system. 13
(2) (a) A person commits the offense of trespass upon key infrastructure assets if he 14
or she knowingly enters or remains unlawfully in or upon real property on 15
which key infrastructure assets are located. 16
(b) A person commits the offense of trespass upon key infrastructure assets if he 17
or she knowingly uses, or retains or authorizes a person to use, an unmanned 18
aircraft system to fly above real property on which key infrastructure assets 19
are located with the intent to cause harm or damage to or conduct surveillance 20
of the key infrastructure asset without the prior consent of the owner, tenant, 21
or lessee of the real property. 22
(c) A person commits the offense of trespass upon key infrastructure assets if he 23
or she knowingly, without consent of the owner or authorized representative: 24
1. Operates an unmanned aircraft system, video recording device, audio 25
recording device, or photography equipment on or above property 26
containing a key infrastructure asset referenced in subsection (1)(a)12., 27 UNOFFICIAL COPY 25 RS BR 1112
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13., or 14. of this section; or 1
2. Records or distributes, photographically, electronically, or otherwise, 2
any part, procedure, or action of a key infrastructure asset referenced in 3
subsection (1)(a)12., 13., or 14. of this section. 4
(3) Trespass upon key infrastructure assets is a Class B misdemeanor for the first 5
offense, and a Class A misdemeanor for a second or subsequent offense. 6
(4) This section does not apply to: 7
(a) An unmanned aircraft system used by the federal government or by the 8
Commonwealth, or by a person acting pursuant to a contract with the federal 9
government or the Commonwealth; 10
(b) An unmanned aircraft system used by: 11
1. The owner of the real property or key infrastructure asset; 12
2. A person under a valid lease, servitude, right-of-way, right of use, 13
permit, license, or other right granted by the owner of the real property 14
or key infrastructure asset; or 15
3. A third party who is retained or authorized by a person specified in 16
subparagraph 1. or 2. of this paragraph; 17
(c) An unmanned aircraft system used by a law enforcement agency, emergency 18
medical service agency, hazardous material response team, disaster 19
management agency, or other emergency management agency for the purpose 20
of incident command, area reconnaissance, personnel and equipment 21
deployment monitoring, training, or a related purpose; 22
(d) Operation of an unmanned aircraft system by a person or entity for a 23
commercial purpose in compliance with applicable Federal Aviation 24
Administration authorization, regulations, or exemptions; 25
(e) A satellite orbiting the earth; 26
(f) An unmanned aircraft system used by an insurance company or a person 27 UNOFFICIAL COPY 25 RS BR 1112
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acting on behalf of an insurance company for purposes of underwriting an 1
insurance risk or investigating damage to insured property; 2
(g) An unmanned aircraft system used strictly in accordance with an order of a 3
court of competent jurisdiction; 4
(h) Any electric, water, or natural gas utility company or a person acting on 5
behalf of any electric, water, or natural gas utility company for legitimate 6
business purposes; or 7
(i) Any federal, state, or local government law enforcement or regulatory officer 8
or employee while the officer or employee is engaged in the performance of 9
his or her official duties. 10
Section 2. KRS 512.020 is amended to read as follows: 11
(1) A person is guilty of criminal mischief in the first degree when, having no right to 12
do so or any reasonable ground to believe that he or she has such right, he or she 13
intentionally or wantonly: 14
(a) Defaces, destroys, or damages any property causing pecuniary loss of five 15
hundred dollars ($500) or more; 16
(b) Damages, possesses, or tampers with the operations of a key infrastructure 17
asset, as defined in KRS 511.100, in a manner that renders the asset 18
inoperable, in whole or in part, or renders the operation of the 19
asset[operations] harmful or dangerous; or 20
(c) As a tenant, intentionally or wantonly defaces, destroys, or damages 21
residential rental property causing pecuniary loss of five hundred dollars 22
($500) or more. 23
(2) Criminal mischief in the first degree is a Class D felony, unless: 24
(a) The offense occurs during a declared emergency as defined by KRS 39A.020 25
arising from a natural or man-made disaster, within the area covered by the 26
emergency declaration, and within the area impacted by the disaster, in which 27 UNOFFICIAL COPY 25 RS BR 1112
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case it is a Class C felony; 1
(b) For the first offense, if the defendant at any time prior to trial effects repair or 2
replacement of the defaced, destroyed, or damaged property, makes complete 3
restitution in the amount of the damage, or performs community service as 4
required by the court, in which case it is a Class B misdemeanor. The court 5
shall determine the number of hours of community service commensurate 6
with the total amount of monetary damage caused by or incidental to the 7
commission of the crime, of not less than sixty (60) hours; or 8
(c) For the second or subsequent offense, if the defendant at any time prior to trial 9
effects repair or replacement of the defaced, destroyed, or damaged property, 10
makes complete restitution in the amount of the damage, or performs 11
community service as required by the court, in which case it is a Class A 12
misdemeanor. The court shall determine the number of hours of community 13
service commensurate with the total amount of monetary damage caused by 14
or incidental to the commission of the crime, of not less than sixty (60) hours. 15