Under the new law, misdemeanor convictions can result in a fine of $1,000 and up to six months in county jail for willfully trespassing on property containing critical infrastructure.
Critical infrastructure is defined to include pipelines, chemical plants, power plants, refineries, railways, national gas terminals, ports and transportation facilities.
Two new felony counts have been added as well. The first level calls for a fine of no less than $10,000 and a prison sentence up to 10 years for trespass with intent to damage, destroy, vandalize, deface, tamper with equipment, and impede or inhibit operations.
The second felony level calls for a fine of not less than $100,000 and a prison sentence up to 10 years for successfully carrying out the actions described in the first level.
An added component of the law troubling environmental organizations is they could be found to be a “conspirator” in the prohibited activities and subject to a fine 10 times the amount for individuals. Thus, a second felony level charge for a “conspiring organization” could result in a $1 million fine.
A second bill, passed by the Oklahoma House of Representatives Thursday, would permit “vicarious liability” for groups that “compensate” protesters accused of trespassing. The bill’s author reportedly called it a response to the Dakota Access pipeline protests, aimed directly at organizers fighting to stop the Diamond pipeline, a project of Valero and All American Pipeline that would transport oil from Oklahoma to Tennessee.”
Environmental organizations are concerned that its paid leaders who show up for protests could be considered as “compensated,” and their organizations liable under the proposed law.
The bill’s author, state Rep. Mark McBride, said the so-called vicarious liability provision would apply to people who give lodging to those who are later arrested for trespassing. He said the idea for the bill came from actions along the Dakota Access Pipeline.”
Oklahoma Democrats voiced concern that people could be prosecuted and held liable for a “completely lawful activity.” In rebuttal, Republicans acknowledged that the law and its provisions are likely to be challenged in court.
Doug Parr has represented numerous environmental activists in Oklahoma protest cases. In an interview with The Intercept the attorney noted the liability bill’s loose wording. ‘Say they lock themselves to a piece of construction equipment, and a claim can be made that there were damages from that trespass. Does this statute create a civil action for a pipeline company to then go after a person or organization that posted bond or helped pay for a lawyer for that civil disobedience?’ “
What the new law’s opponents really fear is the stifling effect the law may have on the willingness of citizens to engage in legitimate protests or even peaceful acts of civil disobedience.
Source: The Intercept
This will get tossed after the first charge. It’s a clear 1st Amendment violation.
When did protest involve throwing a punch so guess what next time you wanna cuff or chain ya self to something but duck tape over your mouth then cuff or chain your self down
Make sure it covering both mouth an noise please. Don’t want to hear you breathing ether
No its not freedom of speech an free to accembale. Is legal but starting a fight or riot were harm to another human is breaking the law need to look it up just because a judge reads it in his own way an pass a judgment don’t mean shot the law is the law an there should be no favoritism
An trump an session an trey gowdy are the bosses now they will stand with what the law is said an won’t bend them for one way or another brad its called draining the swamp of law an courtroom injustice …
Transportation structure. Like road or sidewalks. Marvelous