76-6-106.3. Destruction or tampering with a critical infrastructure facility -- Penalty.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(a)As used in this section:

(i)"Critical infrastructure facility" means:

(A)a petroleum or alumina refinery;

(B)critical electric infrastructure, as defined in 18 C.F.R. Sec. 388.113, including an electrical power generating facility, substation, switching station, electrical control center, or electric power lines and associated equipment infrastructure;

(C)a chemical, polymer, or rubber manufacturing facility;

(D)a water facility as defined in Section 73-1-14 , water intake structure, water storage facility, water treatment facility, wastewater treatment plant, wastewater pumping facility, or pump station;

(E)a natural gas compressor station;

(F)a liquid natural gas terminal or storage facility;

(G)a telecommunications switching, routing, or regeneration office or facility;

(H)wireless telecommunications infrastructure, including cell towers;

(I)telecommunications equipment, facilities, or infrastructure used for the transmission or distribution of a communications service;

(J)a port, railroad switching yard, railroad tracks, trucking terminal, or other freight transportation facility;

(K)a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

(L)a transmission facility used by a federally licensed radio or television station;

(M)a steelmaking facility that uses an electric arc furnace to make steel;

(N)a facility identified and regulated by the Chemical Facility Anti-Terrorism Standards program under 6 U.S.C. Sec. 622;

(O)a natural gas distribution utility facility, including natural gas distribution and transmission mains and services, pipeline interconnections, a city gate or town border station, metering station, meters, aboveground piping and facilities, a regulator station, and a natural gas storage facility;

(P)a crude oil or refined products production, storage, and distribution facility, including a wellhead and associated production and collection infrastructure, valve sites, pipeline interconnection, pump station, metering station, below or aboveground pipeline or piping, and truck loading or offloading facility;

(Q)a grain mill or processing facility;

(R)a generation, transmission, or distribution system of broadband Internet access; or

(S)an aboveground portion of an oil, gas, hazardous liquid or chemical production facility including the wellhead and associated production and collection infrastructure, pipeline, tank, railroad facility, or other storage facility that is enclosed by a physical barrier or is marked with signs prohibiting trespassing if the enclosures or signs are designed to exclude intruders.

(ii)"Critical infrastructure facility" includes a facility described in Subsection (1)(a)(i) that is:

(A)under construction; or

(B)operational.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor is guilty of destruction or tampering with a critical infrastructure facility if the actor, by physical, cyber, or other means, causes widespread injury or damage to persons or property by:

(a)destroying or substantially damaging:

(i)a critical infrastructure facility; or

(ii)a critical infrastructure facility's equipment; or

(b)substantially tampering with, inhibiting, or impeding the operation of a critical infrastructure facility.

(a)A violation of Subsection

(2)is a first degree felony if done intentionally or knowingly.

(b)A violation of Subsection

(2)is a second degree felony if done recklessly.

Enacted by Chapter 179 , 2023 General Session