{"data":{"id":"us-ky/krs-511.100","jurisdiction":"us-ky","citation":"KRS 511.100","heading":"Trespass upon key infrastructure assets.","body":"(1) As used in this section:\n(a) \"Key infrastructure assets\" means:\n1. Any critical node of a system used in the production or generation of\nelectrical energy;\n2. A petroleum refinery;\n3. A rubber or hazardous chemical manufacturing facility;\n4. A petroleum or hazardous chemical storage facility or terminal;\n5. Natural gas processing, fractionation, stabilization, and compressor\nstation facilities, as well as above -ground natural gas or petroleum\npipelines and related facilities;\n6. Railroad yards and railroad tunnel portals;\n7. A drinking water collection, treatment, or storage facility;\n8. Grounds or property of a state prison, juvenile justice facility, jail, or\nother facility for the detention of persons charged with or convicted of\ncrimes;\n9. A facility used for research, dev elopment, design, production, delivery,\nor maintenance of military weapons systems, subsystems, and\ncomponents or parts to meet military requirements of the United States;\n10. A wireless communications facility, including the tower, antennae,\nsupport struc tures and all associated ground -based equipment, and a\ntelecommunications central switching office;\n11. A facility, equipment, or communication line used in the delivery of\ncable television, telephony, or broadband service;\n12. A commercial food manufactur ing or processing facility in which food\nis manufactured, processed, or packaged, commercially, for human\nconsumption, but not including retail food establishments, home -based\nprocessors, or home-based microprocessors as those terms are defined in\nKRS 217.015;\n13. An animal feeding operation as defined in 40 C.F.R. sec. 122.23;\n14. A concentrated animal feeding operation as defined in 40 C.F.R. sec.\n122.23; or\n15. Electrical highway infrastructure; and\n(b) \"Unmanned aircraft system\" means an aircraft that i s operated without the\npossibility of direct human interaction from within or on the aircraft and\nincludes everything that is on board or otherwise attached to the aircraft and\nall associated elements, including communication links and the components\nthat control the small unmanned aircraft, that are required for the safe and\nefficient operation of the unmanned aircraft in the national airspace system.\n(2) (a) A person commits the offense of trespass upon key infrastructure assets if he\nor she knowingly ent ers or remains unlawfully in or upon real property on\nwhich key infrastructure assets are located.\n(b) A person commits the offense of trespass upon key infrastructure assets if he\nor she knowingly uses, or retains or authorizes a person to use, an unmanne d\naircraft system to fly above real property on which key infrastructure assets\nare located with the intent to cause harm or damage to or conduct surveillance\nof the key infrastructure asset without the prior consent of the owner, tenant,\nor lessee of the real property.\n(c) A person commits the offense of trespass upon key infrastructure assets if he\nor she knowingly, without consent of the owner or authorized representative:\n1. Operates an unmanned aircraft system, video recording device, audio\nrecording d evice, or photography equipment on or above property\ncontaining a key infrastructure asset referenced in subsection (1)(a)12.,\n13., or 14. of this section; or\n2. Records or distributes, photographically, electronically, or otherwise,\nany part, procedure, or action of a key infrastructure asset referenced in\nsubsection (1)(a)12., 13., or 14. of this section.\n(3) Trespass upon key infrastructure assets is a Class B misdemeanor for the first\noffense, and a Class A misdemeanor for a second or subsequent offense.\n(4) This section does not apply to:\n(a) An unmanned aircraft system used by the federal government or by the\nCommonwealth, or by a person acting pursuant to a contract with the federal\ngovernment or the Commonwealth;\n(b) An unmanned aircraft system used by:\n1. The owner of the real property or key infrastructure asset;\n2. A person under a valid lease, servitude, right -of-way, right of use,\npermit, license, or other right granted by the owner of the real property\nor key infrastructure asset; or\n3. A third  party who is retained or authorized by a person specified in\nsubparagraph 1. or 2. of this paragraph;\n(c) An unmanned aircraft system used by a law enforcement agency, emergency\nmedical service agency, hazardous material response team, disaster\nmanagement agency, or other emergency management agency for the purpose\nof incident command, area reconnaissance, personnel and equipment\ndeployment monitoring, training, or a related purpose;\n(d) Operation of an unmanned aircraft system by a person or entity for a\ncommercial purpose in compliance with applicable Federal Aviation\nAdministration authorization, regulations, or exemptions;\n(e) A satellite orbiting the earth;\n(f) An unmanned aircraft system used by an insurance company or a person\nacting on behalf of an insurance company for purposes of underwriting an\ninsurance risk or investigating damage to insured property;\n(g) An unmanned aircraft system used strictly in accor dance with an order of a\ncourt of competent jurisdiction;\n(h) Any electric, water, or natural gas utility company or a person acting on\nbehalf of any electric, water, or natural gas utility company for legitimate\nbusiness purposes; or\n(i) Any federal, state, or local government law enforcement or regulatory officer\nor employee while the officer or employee is engaged in the performance of\nhis or her official duties.","path":["KRS Chapter 511"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55888","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:02Z","sha256":"22976c59397e8c7e734a389804bd4a7635d7fdec26abeea7f6d4e69a41201564","source_id":"us-ky","stale":false,"prev":"us-ky/krs-511.090","next":"us-ky/krs-511.110"},"notice":"GroundRules: Original legal text. Not legal advice."}
