New federal crime: up to 10 years for trespassing on marked military land

What it does

This bill creates a new federal crime for trespassing on Department of Defense property that is clearly marked as closed or restricted. First-time offenders face up to 180 days in jail and/or fines; second offenses carry up to 3 years; third and subsequent offenses carry up to 10 years. The law applies only to unauthorized entry onto DoD land within U.S. jurisdiction.

Why we flagged it

The bill's sole operative mechanism is the creation of a new federal crime for unauthorized access to marked DoD property, with escalating penalties. It is a straightforward criminal-law amendment with no hidden provisions or narrow beneficiaries.

What the text implies

• Escalating penalties (up to 10 years for third offense) may be disproportionate to the underlying conduct and could result in felony records for minor trespass.
• The statute requires property to be 'clearly marked as closed or restricted' but does not define what constitutes clear marking, creating potential ambiguity in enforcement.
• No explicit exception for emergency responders, authorized contractors, or persons acting under color of law, which could create liability for federal agents or military personnel in edge cases.
• The bill does not address mens rea (intent requirement) explicitly; it is unclear whether negligent or accidental entry triggers liability or only knowing/intentional trespass.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill protects national security and DoD facility integrity by deterring trespass, which is a legitimate public interest. However, it creates significant criminal exposure (up to 10 years imprisonment) for conduct that may include accidental entry, unclear signage, or minor boundary violations, and lacks explicit carve-outs for good-faith mistakes or emergency circumstances.

Named in the bill

Department of Defense, United States Code Title 18, Chapter 67 (Crimes Against the Government)

Where it stands

6 cosponsors: 6 Republicans.

• Jan 16, 2025 — Introduced · Congress.gov: “Introduced in Senate”
• Jan 16, 2025 — Referred to Senate Committee on the Judiciary · Congress.gov: “Read twice and referred to the Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.