New Federal Crime: Unauthorized Access to IC Property Could Land You 10 Years in Prison

The Intelligence Community Property Security Act of 2025 is short, but it packs a serious punch. It amends the National Security Act of 1947 to create a brand-new federal crime: unauthorized access to intelligence community (IC) property. Essentially, if you step onto property under the jurisdiction of an IC element—think CIA, NSA, etc.—and that property is marked as closed or restricted, you could be facing federal charges. This isn't just about a slap on the wrist; the penalties are steep and escalate fast.

The New Definition of Trespass

This bill federalizes what might otherwise be a simple local trespass violation when it involves the intelligence community. Under Section 2, it becomes unlawful to access any property within the United States without authorization if two conditions are met: the property is under the jurisdiction of an element of the intelligence community, and the property has been clearly marked as closed or restricted. The bill doesn't define what 'property' means—is it just the building, or does it include the surrounding land, fences, or even adjacent public easements? Given the high-stakes nature of the IC, the government will likely interpret this broadly, which could snag people who are just cutting a corner on their morning walk near a facility.

Escalating Penalties: From Misdemeanor to Felony

Here’s where the rubber meets the road for everyday people. The penalties start severe and quickly become life-altering. A first offense carries a maximum penalty of 180 days in prison, a fine, or both. That’s already a federal misdemeanor conviction for what might be an accidental entry. A second offense jumps dramatically to a maximum of three years in prison. And if you somehow find yourself charged with a third or subsequent offense, you are looking at up to 10 years in federal prison, plus a fine. For context, that’s a sentence comparable to many serious felonies. This is a massive hammer for unauthorized access, raising the question of proportionality for minor, non-malicious acts of trespass.

Who Needs to Pay Attention?

If you live or work near a known (or even unknown) intelligence facility, this bill matters. Because the definition of 'property' and 'jurisdiction' is vague, and the standard for 'clearly marked' is low, this creates a significant risk for the general public. Imagine a delivery driver taking a shortcut through what they think is an empty lot, or a hiker mistakenly crossing a poorly marked boundary line in a remote area. If that land happens to be under the jurisdiction of an IC element, they could be facing federal time. Furthermore, activists, journalists, or anyone protesting near these facilities need to be acutely aware that stepping over an arbitrary line could now result in a decade-long federal sentence, severely chilling the ability to conduct lawful activities near these sites.