KRS § 511.100 — KY Code / Title L / Chapter 511 / Section 511.100
511.100 Trespass upon key infrastructure assets
Status: in_force

511.100 Trespass upon key infrastructure assets.

(1) As used in this section:

(a) "Key infrastructure assets" means:

1. Any critical node of a system used in the production or generation of

electrical energy;

2. A petroleum refinery;

3. A rubber or hazardous chemical manufacturing facility;

4. A petroleum or hazardous chemical storage facility or terminal;

5. Natural gas processing, fractionation, stabilization, and compressor

station facilities, as well as above-ground natural gas or petroleum

pipelines and related facilities;

6. Railroad yards and railroad tunnel portals;

7. A drinking water collection, treatment, or storage facility;

8. Grounds or property of a state prison, juvenile justice facility, jail, or

other facility for the detention of persons charged with or convicted of

crimes;

9. A facility used for research, development, design, production, delivery,

or maintenance of military weapons systems, subsystems, and

components or parts to meet military requirements of the United States;

10. A wireless communications facility, including the tower, antennae,

support structures and all associated ground-based equipment, and a

telecommunications central switching office;

11. A facility, equipment, or communication line used in the delivery of

cable television, telephony, or broadband service;

12. A commercial food manufacturing or processing facility in which food

is manufactured, processed, or packaged, commercially, for human

consumption, but not including retail food establishments, home-based

processors, or home-based microprocessors as those terms are defined in

KRS 217.015;

13. An animal feeding operation as defined in 40 C.F.R. sec. 122.23;

14. A concentrated animal feeding operation as defined in 40 C.F.R. sec.

122.23; or

15. Electrical highway infrastructure; and

(b) "Unmanned aircraft system" means an aircraft that is operated without the

possibility of direct human interaction from within or on the aircraft and

includes everything that is on board or otherwise attached to the aircraft and

all associated elements, including communication links and the components

that control the small unmanned aircraft, that are required for the safe and

efficient operation of the unmanned aircraft in the national airspace system.

(2) (a) A person commits the offense of trespass upon key infrastructure assets if he

or she knowingly enters or remains unlawfully in or upon real property on

which key infrastructure assets are located.

(b) A person commits the offense of trespass upon key infrastructure assets if he

or she knowingly uses, or retains or authorizes a person to use, an unmanned

aircraft system to fly above real property on which key infrastructure assets

are located with the intent to cause harm or damage to or conduct surveillance

of the key infrastructure asset without the prior consent of the owner, tenant,

or lessee of the real property.

(c) A person commits the offense of trespass upon key infrastructure assets if he

or she knowingly, without consent of the owner or authorized representative:

1. Operates an unmanned aircraft system, video recording device, audio

recording device, or photography equipment on or above property

containing a key infrastructure asset referenced in subsection (1)(a)12.,

13., or 14. of this section; or

2. Records or distributes, photographically, electronically, or otherwise,

any part, procedure, or action of a key infrastructure asset referenced in

subsection (1)(a)12., 13., or 14. of this section.

(3) Trespass upon key infrastructure assets is a Class B misdemeanor for the first

offense, and a Class A misdemeanor for a second or subsequent offense.

(4) This section does not apply to:

(a) An unmanned aircraft system used by the federal government or by the

Commonwealth, or by a person acting pursuant to a contract with the federal

government or the Commonwealth;

(b) An unmanned aircraft system used by:

1. The owner of the real property or key infrastructure asset;

2. A person under a valid lease, servitude, right-of-way, right of use,

permit, license, or other right granted by the owner of the real property

or key infrastructure asset; or

3. A third party who is retained or authorized by a person specified in

subparagraph 1. or 2. of this paragraph;

(c) An unmanned aircraft system used by a law enforcement agency, emergency

medical service agency, hazardous material response team, disaster

management agency, or other emergency management agency for the purpose

of incident command, area reconnaissance, personnel and equipment

deployment monitoring, training, or a related purpose;

(d) Operation of an unmanned aircraft system by a person or entity for a

commercial purpose in compliance with applicable Federal Aviation

Administration authorization, regulations, or exemptions;

(e) A satellite orbiting the earth;

(f) An unmanned aircraft system used by an insurance company or a person

acting on behalf of an insurance company for purposes of underwriting an

insurance risk or investigating damage to insured property;

(g) An unmanned aircraft system used strictly in accordance with an order of a

court of competent jurisdiction;

(h) Any electric, water, or natural gas utility company or a person acting on

behalf of any electric, water, or natural gas utility company for legitimate

business purposes; or

(i) Any federal, state, or local government law enforcement or regulatory officer

or employee while the officer or employee is engaged in the performance of

his or her official duties.