§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) "Critical infrastructure" means any and all structures, equipment, or other immovable or movable property located within or upon chemical manufacturing facilities, refineries, electrical power generating facilities, electrical transmission substations and distribution substations, water intake structures and water treatment facilities, natural gas transmission compressor stations, liquefied natural gas (LNG) terminals and storage facilities, natural gas and hydrocarbon storage facilities, transportation facilities, such as ports, railroad switching yards, pipelines, and trucking terminals, water control structures including floodgates or pump stations, wireline and wireless communications and data network facilities, or 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.

            Acts 2004, No. 157, §1, eff. June 10, 2004; Acts 2015, No. 366, §1; Acts 2018, No. 692, §1; Acts 2024, No. 565, §1.