PolicyBrief
S. 115
119th CongressJan 16th 2025
GATE CRASHERS Act
IN COMMITTEE

The "GATE CRASHERS Act" increases penalties for unauthorized entry onto Department of Defense property, with repeat offenders facing harsher fines and longer prison sentences.

Ted Cruz
R

Ted Cruz

Senator

TX

LEGISLATION

GATE CRASHERS Act: New Bill Ramps Up Penalties for Trespassing on DoD Property, Starting Immediately

The GATE CRASHERS Act—or, officially, the "Guarding and Administering Trespass Enforcement, Controlling Restricted Areas, and Stopping High-risk Encroachment Recidivism and Sabotage Act"—significantly increases the penalties for unauthorized entry onto Department of Defense (DoD) property. The law, effective immediately, aims to boost security at military installations by making it explicitly illegal to enter any DoD property that is "clearly marked" as closed or restricted without permission. (SEC. 2)

Stepping Up Security

The core of the GATE CRASHERS Act is a tiered penalty system for trespassing on DoD land. Here’s how it breaks down:

  • First Offense: A fine, up to 180 days in jail, or both.
  • Second Offense: A fine, up to 3 years in jail, or both.
  • Third (and Subsequent) Offenses: A fine, up to 10 years in jail, or both. (SEC. 2)

Real-World Radar

So, what does this mean in practice? Imagine someone accidentally wandering onto a poorly marked section of a military base while hiking. If caught, they could face a fine and up to six months in jail, even on a first offense. A repeat situation, even if unintentional, could result in up to three years behind bars. By the third instance—hypothetically, let's say a local resident repeatedly cuts through base property as a shortcut—they're looking at a potential 10-year prison sentence. The bill doesn't define 'clearly marked,' so whether a warning sign is faded, obscured by vegetation, or simply not noticed could become a point of contention.

The Big Picture

While the bill aims to enhance security at DoD facilities, there are some real concerns. The escalating penalties, particularly for repeat offenses, seem pretty steep. A 10-year sentence for a third-time trespasser, even on military property, is on par with punishments for far more serious crimes. The lack of clear definitions for what constitutes a "clearly marked" area also leaves room for, frankly, uneven enforcement. It will be important to watch how this plays out, as it could have a significant impact on individuals living near or interacting with military installations.