511.100 Trespass upon key infrastructure assets.
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/ky/chapter-511/511-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.