§61. Unauthorized entry of a critical infrastructure
A. Unauthorized entry of a critical infrastructure is any of the following:
(1)The intentional entry by a person without authority into any structure or onto any
premises, belonging to another, that constitutes in whole or in part a critical infrastructure
that is completely enclosed by any type of physical barrier.
(2)The use or attempted use of fraudulent documents for identification purposes to
enter a critical infrastructure.
(3)Remaining upon or in the premises of a critical infrastructure after having been
forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the
property or by any other authorized person.
(4)The intentional entry into a restricted area of a critical infrastructure which is
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§61. Unauthorized entry of a critical infrastructure
A. Unauthorized entry of a critical infrastructure is any of the following:
(1) The intentional entry by a person without authority into any structure or onto any
premises, belonging to another, that constitutes in whole or in part a critical infrastructure
that is completely enclosed by any type of physical barrier.
(2) The use or attempted use of fraudulent documents for identification purposes to
enter a critical infrastructure.
(3) Remaining upon or in the premises of a critical infrastructure after having been
forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the
property or by any other authorized person.
(4) The intentional entry into a restricted area of a critical infrastructure which is
marked as a restricted or limited access area that is completely enclosed by any type of
physical barrier when the person is not authorized to enter that restricted or limited access
area.
B. For the purposes of this Section, the following words shall have the following
meanings:
(1)(a) "Critical infrastructure" means any and all structures, sites, equipment, or other
immovable or movable property located within or upon any of the following:
(i) Chemical plants or facilities, manufacturing facilities, or refineries.
(ii) Electrical power generating facilities, electrical transmission substations and
distribution substations.
(iii) Water intake structures and water treatment facilities.
(iv) Natural gas transmission compressor stations, liquefied natural gas (LNG)
terminals and storage facilities, natural gas and hydrocarbon storage facilities.
(v) Transportation facilities, such as ports, railroad switching yards, pipelines, and
trucking terminals.
(vi) Water control structures including floodgates or pump stations.
(vii) Wireline and wireless communications and data network internet facilities and
any equipment or communication wires that are connected or appurtenant to the facilities,
including but not limited to broadcast television equipment, video equipment, fiber optics,
and any lines or wires that are used for transmission from the facilities.
(b) "Critical infrastructure" shall include any site where the construction or
improvement of any facility or structure referenced in this Section is occurring.
(2) "Fraudulent documents for identification purposes" means documents which are
presented as being bona fide documents which provide personal identification information
but which are, in fact, false, forged, altered, or counterfeit.
(3) "Pipeline" means flow, transmission, distribution, or gathering lines, regardless
of size or length, which transmit or transport oil, gas, petrochemicals, minerals, or water in
a solid, liquid, or gaseous state.
C.(1) Except as provided in Paragraph (2) of this Subsection, whoever commits the
crime of unauthorized entry of a critical infrastructure shall be imprisoned with or without
hard labor for not more than five years, fined not more than one thousand dollars, or both.
(2) On a conviction for a second or subsequent violation of Subsection A of this
Section, the offender shall be imprisoned with or without hard labor for not less than six
months nor more than ten years, fined not less than five hundred dollars nor more than four
thousand dollars, or both.
D. Whoever commits the crime of unauthorized entry of a critical infrastructure
during the existence of a state of emergency, which has been declared by the governor or the
chief executive officer of any parish, shall be fined not more than five thousand dollars and
shall be imprisoned at hard labor for not less than three years nor more than fifteen years.
E. Nothing in this Section shall be construed to apply to or prevent the following:
(1) Lawful assembly and peaceful and orderly petition, picketing, or demonstration
for the redress of grievances or to express ideas or views regarding legitimate matters of
public interest, including but not limited to any labor dispute between any employer and its
employee or position protected by the United States Constitution or the Constitution of
Louisiana.
(2) Lawful commercial or recreational activities conducted in the open or unconfined
areas around a pipeline, including but not limited to fishing, hunting, boating, and
birdwatching.
(3) Nothing in this Section shall be construed to prevent the owner of an immovable
from exercising right of ownership, including use, enjoyment, and disposition within the
limits and under the conditions established by law.