FILED SENATE
Feb 1, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 58
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS35023-ML-10
Short Title: Protect Critical Infrastructure. (Public)
Sponsors: Senators McInnis, Britt, and P. Newton (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE THE PUNISHMENT FOR PROPERTY CRIMES COMMITTED
3 AGAINST FACILITIES INVOLVED IN THE TRANSMISSION OF TELEPHONE,
4 BROADBAND, OR CABLE TELECOMMUNICATIONS SERVICES AND FACILITIES
5 INVOLVED IN THE PRODUCTION, STORAGE, TRANSMISSION, OR
6 DISTRIBUTION OF ELECTRICITY, FUEL, OR ANOTHER FORM OR SOURCE OF
7 ENERGY.
8 The General Assembly of North Carolina enacts:
9 SECTION 1. Article 22 of Chapter 14 of the General Statutes is amended by adding
10 a new section to read:
11 "§ 14-150.2. Injuring energy facility.
12 (a) Definition. – For purposes of this section, the term "energy facility" means any facility
13 involved in the production, storage, transmission, or distribution of electricity, fuel, or another
14 form or source of energy, or research, development, or demonstration facilities related thereto,
15 regardless of whether the facility is under construction or is otherwise not functioning. This term
16 includes any line, wire, pipe, or other property or equipment used as part of the normal operation
17 of the facility.
18 (b) Offense. – It is unlawful to knowingly and willfully destroy, injure, or otherwise
19 damage, or attempt to destroy, injure, or otherwise damage, an energy facility.
20 (c) Punishment. – A person who violates subsection (b) of this section is guilty of a Class
21 C felony. Additionally, a person who violates subsection (b) of this section shall be ordered to
22 pay a fine of two hundred fifty thousand dollars ($250,000).
23 (d) Merger. – Each violation of this section constitutes a separate offense and shall not
24 merge with any other offense.
25 (e) Civil Liability. – Any person whose property or person is injured by reason of a
26 violation of this section may sue for and recover treble damages, costs, and attorneys' fees from
27 the person who committed the violation of this section and any person who acts as an accessory
28 before or after the fact, aids or abets, solicits, conspires, or lends material support to the violation
29 of this section. The rights and remedies provided by this subsection are in addition to any other
30 rights and remedies provided by law. For purposes of this subsection, the term "damages"
31 includes actual and consequential damages."
32 SECTION 2. G.S. 14-159.12 reads as rewritten:
33 "§ 14-159.12. First degree trespass.
34 (a) Offense. – A person commits the offense of first degree trespass if, without
35 authorization, he the person enters or remains:remains on or in any of the following:
*DRS35023-ML-10*
 General Assembly Of North Carolina Session 2023
1 (1) On The premises of another so enclosed or secured as to demonstrate clearly
2 an intent to keep out intruders;intruders.
3 (2) In a The building of another; oranother.
4 (3) On the The lands of the Eastern Band of Cherokee Indians after the person has
5 been excluded by a resolution passed by the Eastern Band of Cherokee Indian
6 Tribal Council.
7 …
8 (c) Except as otherwise provided in subsection (d) of this section, a violation of
9 subsection (a) of this section is a Class A1 misdemeanor I felony if all of the following
10 circumstances exist:
11 (1) The offense is committed on the premises of any of the following:
12 a. A facility that is owned or operated by an electric power supplier as
13 defined in G.S. 62-133.8(a)(3) and that is either an electric generation
14 facility, a transmission substation, a transmission switching station, a
15 transmission switching structure, or a control center used to manage
16 transmission operations or electrical power generating at multiple
17 plant locations.
18 b. Any facility used or available for use in the collection, treatment,
19 testing, storing, pumping, or distribution of water for a public water
20 system.
21 c. Any facility, including any liquefied natural gas storage facility or
22 propane air facility, that is owned or operated by a natural gas local
23 distribution company, natural gas pipeline carrier operating under a
24 certificate of public convenience and necessity from the Utilities
25 Commission, municipal corporation operating a municipally owned
26 gas distribution system, or regional natural gas district organized and
27 operated pursuant to Article 28 of Chapter 160A of the General
28 Statutes used for transmission, distribution, measurement, testing,
29 regulating, compression, control, or storage of natural gas.
30 d. Any facility used or operated for agricultural activities, as that term is
31 defined in G.S. 106-581.1.
32 e. Any facility involved in the production, storage, transmission, or
33 distribution of electricity, fuel, or another form or source of energy, or
34 research, development, or demonstration facilities related thereto,
35 regardless of whether the facility is under construction or is otherwise
36 not functioning.
37 (2) The person actually entered a building, or it was necessary for the person to
38 climb over, go under, or otherwise surmount a fence or other barrier to reach
39 the facility.
40 (d) If, in addition to the circumstances set out in subsection (c) of this section, the
41 violation also includes any of the following elements, then the offense is a Class H G felony:
42 (1) The offense is committed with the intent to disrupt the normal operation of
43 any of the facilities described in subdivision (1) of subsection (c) of this
44 section.
45 (2) The offense involves an act that places either the offender or others on the
46 premises at risk of serious bodily injury.
47 …."
48 SECTION 3. G.S. 14-154 reads as rewritten:
49 "§ 14-154. Injuring wires and other fixtures of telephone, telegraph, and electric-power
50 telephone and broadband companies.
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1 If any person shall willfully injure, destroy destroy, or pull down any telegraph, telephone,
2 telephone, broadband, or cable telecommunications, or electric-power-transmission
3 telecommunications pedestal or pole, or any telegraph, telephone, cable telecommunications, or
4 electric power line, wire or fiber insulator, power supply, transformer, transmission or other
5 apparatus, equipment equipment, or fixture used in the transmission of telegraph, telephone,
6 cable telecommunications, or electrical power service telephone, broadband, or cable
7 telecommunications, or any equipment apparatus, equipment, or fixture related to wireless
8 communications regulated by the Federal Communications Commission, that person shall be
9 guilty of a Class I Felony.C felony."
10 SECTION 4. G.S. 14-152 and G.S. 14-156 are repealed.
11 SECTION 5. Prosecutions for offenses committed before the effective date of this
12 act are not abated or affected by this act, and the statutes that would be applicable but for this act
13 remain applicable to those prosecutions.
14 SECTION 6. This act becomes effective December 1, 2023, and applies to offenses
15 committed on or after that date.
DRS35023-ML-10 Page 3


Statutes affected:
Filed: 14-159.12, 14-154
Edition 1: 14-159.12, 14-154
Edition 2: 14-159.12, 14-154, 62-323
Edition 3: 14-159.12, 14-154
Edition 4: 14-159.12, 14-154
Edition 5: 14-159.12, 14-154
Ratified: 14-159.12, 14-154
SL 2023-47: 14-159.12, 14-154