2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 7 - Offenses Involving Damage to and Intrusion Upon Property. › Article 1 - Burglary and Criminal Trespass. › Section 13A-7-4.3 - Unauthorized Entry of a Critical Infrastructure.

Section 13A-7-4.3
Unauthorized entry of a critical infrastructure.
THIS SECTION WAS AMENDED BY ACT 2022-34 IN THE 2022 REGULAR SESSION, EFFECTIVE MAY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) For the purposes of this section, the following words have the following meanings:
(1) CRITICAL INFRASTRUCTURE. The term includes, but is not limited to, a chemical manufacturing facility, a pipeline, a refinery, an electrical power generating facility and the area surrounding the facility, an electrical transmission tower and substation and distribution substation, an electric utility control center, communication equipment, a switching station, a water intake structure and water treatment facility, a natural gas transmission compressor station, a liquefied natural gas (LNG) terminal and storage facility, a natural gas and hydrocarbon storage or production facility, mining operations, beneficiation infrastructure and mining infrastructure, and a transportation facility, such as a port, airport, railroad operating facility, or trucking terminal.
(2) FRAUDULENT DOCUMENTS FOR IDENTIFICATION PURPOSES. A document which is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit.
(3) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law.
(4) UNMANNED AIRCRAFT SYSTEM. A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth's atmosphere and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.
(b) A person commits the crime of unauthorized entry of a critical infrastructure if the person does any of the following:
(1) Intentionally enters 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 or clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden.
(2) Uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure.
(3) Remains upon or on 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) Intentionally enters 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 the restricted or limited access area.
(c) A person who commits the crime of unauthorized entry of a critical infrastructure is guilty of a Class A misdemeanor.
(d) If, during the commission of the crime of unauthorized entry of a critical infrastructure, the person injures, removes, destroys, or breaks critical infrastructure property, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class C felony.
(e) A person who commits the crime of unauthorized entry of a critical infrastructure while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony.
(f) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including, but not limited to, any labor dispute between any employer and its employee.
(Act 2016-390, §1; Act 2022-34, §1.)