Written by Chloe Marie – Research Specialist
Since 2017, a number of states have taken legislative action to protect
elements of their infrastructure, including oil and gas pipelines, from damage
or disruption. While some have argued that
the various legislative enactments are designed to reduce pipeline protests,
legislators do not always explicitly mention ongoing protest as a motivation behind
the legislation.
This article will comprehensively address critical infrastructure
protection statutes that have been enacted in the states of Indiana, Iowa and
Louisiana. A following article will address similar statutes in the state of
North Dakota, Oklahoma and South Dakota. On June 13, 2018, we published an
article entitled Overview of State Critical Infrastructure Protection
Statutes and Related Legislation. This
article and our subsequent article provide an update as well as additional
details of the relevant state statutes.
Indiana
On May 6, 2019, Governor Eric Holcomb of Indiana signed into law Senate Bill No. 471 to establish criminal offenses for certain actions committed against
critical infrastructure. The term “critical infrastructure” includes natural
gas gathering, transmission and distribution pipelines and facilities, and
Liquefied Natural Gas (LNG) terminal and storage facilities, among others.
The new provisions apply to anyone who “knowingly or intentionally”
enters property containing a critical infrastructure facility without the
proper authority. Such an offense is a Level 6 felony, and the offender might
face imprisonment of up to two years and a half, and/or a monetary fine of up
to $10,000.
Anyone who damages or defaces a critical infrastructure facility in a
reckless or intentional manner can be convicted of mischief, a Level 5 felony
carrying a custodial sentence of up to six years and/or a fine of up to
$10,000. The offense may be increased to a Level 4 felony in cases where the
damage to a critical infrastructure amounts to a pecuniary loss of at least
$50,000 or when the damage causes a substantial interruption or impairment of a
critical infrastructure utility service rendered to the public.
In addition, the legislation provides that someone caught conspiring to
undermine the operation of critical infrastructure can be assessed a fine up to
a maximum of $100,000, and anyone inciting another person either to enter property
containing a critical infrastructure or to damage such infrastructure will be
responsible for covering civil damages.
These provisions relating to criminal offenses involving critical
infrastructure facilities will become effective on July 1, 2019.
Iowa
Iowa Governor Kim Reynolds signed into law Senate File 2235 on April 17, 2018, establishing new penalties for sabotage that involve
a critical infrastructure, such as any storage, transport or delivery system of
natural gas and petroleum products.
According to this piece of legislation, any “unauthorized and overt act”
taken with the intent of causing a substantial and widespread interruption or
impairment of services provided by a critical infrastructure is considered to
be critical infrastructure sabotage. The legislation clarifies, however, that
any agricultural condition or activity related to farm production that
interrupts or damages a critical infrastructure cannot be considered as
sabotage. An individual who commits critical infrastructure sabotage will be
charged with a Class B felony and sentenced to a fine of not less than $85,000
nor more than $100,000.
Louisiana
Act No. 692 relating to crimes against critical infrastructure – also identified as
House Bill No. 727 – became law on May 30, 2018. This legislation amends and
adds new provisions to Louisiana Revised Statutes 14:61 targeting violent
pipeline demonstrations. Act No. 692 became effective on August 1, 2018.
The legislation provides that anyone involved in trespassing upon a
critical infrastructure could face imprisonment for a maximum of 5 years, with
or without hard labor, and/or a fine up to a maximum of $1,000. The legislation
also clarifies that nothing in this Act should or may be interpreted as in any
way preventing peaceful and proper demonstrations regarding matters of public
interest or recreational activities located close to a pipeline area.
If any damage occurs to a critical infrastructure in an intentional
manner, the perpetrator could be charged with a criminal offense and punished
with a maximum imprisonment of up to 15 years, with or without hard labor,
and/or a fine of up to a maximum of $10,000. In cases where human life is
likely to be threatened, the maximum jail sentence and monetary fine would be
increased respectively to 20 years and $25,000. In addition, anyone involved in
a conspiracy to criminally damage a critical infrastructure can be imprisoned
for as much as 12 years and fined not more than $250,000.
References
Indiana
– Senate Bill No. 471, An Act to amend the Indiana Code
concerning criminal law and procedure
Additional Resources
This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture
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