GATE CRASHERS Act Creates New Federal Crime: Trespassing on DoD Property Could Mean Up to 10 Years in Prison

The newly introduced GATE CRASHERS Act (Guarding and Administering Trespass Enforcement, Controlling Restricted Areas, and Stopping High-risk Encroachment Recidivism and Sabotage Act) is straightforward: it creates a new federal crime for illegally entering property owned or controlled by the Department of Defense (DoD) if that property is clearly marked as restricted or closed. This isn't just a slap on the wrist; the penalties are serious and escalate fast, kicking off with a potential fine or up to 180 days in jail for a first offense. This new law adds section 1390 to Chapter 67 of title 18 of the U.S. Code, cementing it as a formal federal crime.

Where the Fences Go Up

The main goal here is clear: tighten security around military facilities. The DoD manages massive amounts of land, from sensitive installations and weapons testing sites to vast training ranges. For the military, this legislation provides a much-needed federal tool to deter and prosecute unauthorized access, which is a legitimate security concern. If someone is trying to get into a base, whether out of curiosity or malice, this law gives federal law enforcement a clear, defined path to charge them. The benefit is better protection for assets and personnel, and a clearer legal framework for dealing with trespassers across all DoD properties nationwide.

The Escalator to Felony Territory

This is where the bill gets heavy, especially for repeat offenders. While a first offense is a misdemeanor (up to 180 days), the consequences jump sharply for subsequent violations. A second offense carries a maximum penalty of up to 3 years in prison. If someone is caught a third time, or any time after that, they face up to 10 years in prison, plus a fine. Think about that: simple trespass, if repeated, can land you a decade-long felony sentence. For the average person, this means that even minor, repeated incursions—say, a hiker who keeps unknowingly crossing a remote, restricted boundary on a training range, or an activist repeatedly protesting on base land—could face truly life-altering consequences. This penalty structure is designed to be a massive deterrent, but it also means the stakes are incredibly high for anyone near DoD land.

The 'Clearly Marked' Catch

The entire law hinges on the property being "clearly marked as closed or restricted." This sounds simple, but the DoD controls millions of acres, much of it in remote areas. For someone working or living near a large military reservation—like a farmer whose property borders an Air Force range, or a hunter using adjacent public lands—the definition of "clearly marked" is crucial. If the markings are inconsistent, poorly maintained, or placed ambiguously on vast stretches of land, an individual could accidentally wander onto restricted property and face severe federal penalties. The fairness of enforcement will depend entirely on how diligently the DoD maintains clear boundaries across all its holdings, ensuring that the public knows exactly where the line is drawn. If you’re someone who regularly works or recreates near a military installation, you’ll need to pay closer attention than ever to those faded signs and boundary markers.