New federal crime: up to 10 years for trespassing on marked military land
S. 115 — GATE CRASHERS Act · Filed by Ted Cruz (R-TX) · 6 cosponsors · Introduced Jan 16, 2025 · Referred to committee
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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.
The full analysis lists 4 implications of this text.
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.