Liability and vicarious liability creation for trespass to critical infrastructure
Impact
The bill amends existing Minnesota statutes to categorize specific actions as felonies, specifically focusing on knowingly damaging or intentionally aiding in the damage of critical public service facilities and utilities. The penalties include up to ten years of imprisonment and hefty fines, reflecting the severity with which the legislature views trespasses to these crucial assets. Effective from August 1, 2025, the law will apply to offenses committed after this date, thereby providing a future-oriented approach to public safety.
Summary
SF2317 is a bill aimed at enhancing the protection of critical infrastructure in Minnesota by establishing clear liabilities for individuals involved in trespassing or damaging such properties. Under this proposed legislation, individuals arrested or convicted of damaging critical facilities, utilities, or pipelines can be held personally liable for any resulting damages. Moreover, anyone who recruits or assists individuals in these violations may also face vicarious liability, subjecting them to similar legal consequences.
Contention
Opponents of SF2317 might express concerns regarding the potential overreach of criminalizing actions tied to protest or civil disobedience, particularly where such activities intersect with environmental advocacy or other social movements. The bill establishes severe penalties that might deter individuals from engaging in necessary dialogues about the impacts of critical infrastructure on communities. Proponents, however, argue that the need for strong safeguards against threats to essential services justifies these measures, emphasizing the importance of protecting infrastructure against willful sabotage and trespass, perceived as serious threats to public welfare.
Critical infrastructure liability and vicarious liability for trespass to critical infrastructure establishment; recruiting or educating individuals to trespass on or damage critical infrastructure crime creation
Liability and vicarious liability for trespass to critical infrastructure created, and crime for recruiting or educating individuals to trespass on or damage critical infrastructure created.
Criminal liability for crimes resulting in felony murder increased, criminal liability for conviction of aiding and abetting felony murder modified, and Task Force on Aiding and Abetting Felony Murder revived.
Criminal liability for certain crimes resulting in felony murder increase; criminal liability for aiding and abetting felony murder modification; Task Force on Aiding and Abetting Felony Murder revival
Crime of organized retail theft established, release of financial account information to law enforcement provided, burglary crimes following trespass notice amended, and time period for search warrant on financial institutions established.