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West VirginiaHB 35042025 Regular SessionHouse

Relating to protecting critical infrastructure; and defining terms

Sponsored By: Adam Burkhammer (Republican)

Signed by Governor

§61-10-34

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Infrastructure vandals and conspirators face penalties

Willful damage, destruction, vandalism, defacement, or tampering with critical infrastructure equipment is a felony when damage exceeds $2,500. This includes physical equipment and damage from cyberattacks or digital interference. Penalties are a $3,000–$10,000 fine, one to five years in prison, or both. A second offense carries a $10,000–$15,000 fine, two to ten years in prison, or both. Conspiracy to damage equipment is also a felony when damage occurs and exceeds $2,500, with a stated $3,000–$10,000 fine. Conspiracy to trespass is a misdemeanor when the trespass occurs, with a $250–$1,000 fine.

Infrastructure offenses can cost owners property

The state can take personal property, including vehicles, used previously or currently, or intended for use, in infrastructure theft or damage. For vehicles and other conveyances, the state must prove the owner knew or had reason to know about their actual or likely use. That proof must show the claim is more likely true than not; the same standard protects valid liens and security interests. A common carrier’s vehicle is protected unless its owner consented to or was privy to the violation. Seizure and disposal follow the West Virginia Contraband Forfeiture Act.

Stolen infrastructure goods bring costly liability

Buying, receiving, hiding, transferring, or possessing stolen critical infrastructure property counts as larceny when someone knows or has reason to believe it was stolen. Prosecution can proceed even without a conviction of the original thief. A person convicted under this rule owes the facility owner compensation for losses, plus punitive damages of at least three times that compensation. Possession at law enforcement’s request or in cooperation with law enforcement is excluded.

Trespassers and financial backers face damages

Property owners gain a civil remedy for damage caused during covered trespass, separate from criminal penalties. A person arrested for or convicted of a covered offense can be held liable for that property damage. People or organizations that pay or reward someone for covered trespass can also be liable for damage that person causes. The law sets no dollar amount or limit for these damages.

Trespassers face fines and jail

Effective July 10, 2025, West Virginia makes willful, knowing entry without permission onto property containing critical infrastructure a misdemeanor. The penalty is a $250–$1,000 fine, 30 days to one year in jail, or both. Trespass with intent to damage equipment or disrupt operations carries a $100–$1,000 fine, up to one year, or both. Covered sites include energy, water, transportation, communications, health care, military, manufacturing, and livestock or poultry facilities, plus their digital property. The law preserves safety and wage-law monitoring, lawful labor activity, speech and assembly, and contractor or employee work within its authorized scope.

Sponsors & Cosponsors

Sponsor

  • Adam Burkhammer

    Republican • House

Cosponsors

  • Chuck Horst

    Republican • House

  • Gary G. Howell

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 124 • No: 8

Senate vote • 4/11/2025

Passed Senate (Roll No. 510)

Yes: 34 • No: 0

House vote • 3/25/2025

Passed House (Roll No. 189)

Yes: 90 • No: 8

Actions Timeline

  1. Chapter 14, Acts, Regular Session, 2025

    7/21/2025House

  2. Approved by Governor 4/28/2025

    4/28/2025House

  3. To Governor 4/22/2025

    4/22/2025House

  4. To Governor 4/22/2025 - House Journal

    4/12/2025House

  5. To Governor 4/22/2025 - Senate Journal

    4/12/2025Senate

  6. Approved by Governor 4/28/2025 - House Journal

    4/12/2025House

  7. Approved by Governor 4/28/2025 - Senate Journal

    4/12/2025Senate

  8. On 3rd reading

    4/11/2025Senate

  9. Read 3rd time

    4/11/2025Senate

  10. Passed Senate (Roll No. 510)

    4/11/2025Senate

  11. Communicated to House

    4/11/2025Senate

  12. Completed legislative action

    4/11/2025Senate

  13. Reported do pass

    4/10/2025Senate

  14. Immediate consideration

    4/10/2025Senate

  15. Read 2nd time

    4/10/2025Senate

  16. Without recommendation, but first rereferred to Judiciary

    4/9/2025Senate

  17. Immediate consideration

    4/9/2025Senate

  18. Read 1st time

    4/9/2025Senate

  19. On 2nd reading, rereferred to Judiciary

    4/9/2025Senate

  20. Introduced in Senate

    3/26/2025Senate

  21. To Judiciary

    3/26/2025Senate

  22. To Judiciary

    3/26/2025Senate

  23. On 3rd reading, Special Calendar

    3/25/2025House

  24. Read 3rd time

    3/25/2025House

  25. Passed House (Roll No. 189)

    3/25/2025House

Bill Text

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