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SF 2317

Liability and vicarious liability creation for trespass to critical infrastructure

2025-2026 Regular Session Introduced by Justin Eichorn and 1 co-sponsor

Minnesota bill creates liability for trespassers and vicarious liability for facilitators on critical infrastructure, potentially deterring unlawful access while raising concerns about protest and journalism protections.

Referred to Judiciary and Public Safety
#crimesandcriminals #publicsafetyandpublicsafetydepartment
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Bill Summary · SF 2317

Legislative bill overview

SF 2317 creates new liability frameworks for trespass on critical infrastructure in Minnesota. The bill establishes both direct liability for trespassers and vicarious liability provisions, potentially extending legal responsibility to third parties who facilitate or encourage such trespass. The specific mechanisms and scope of vicarious liability would depend on the bill's detailed language.

Why is this important

Critical infrastructure—including power plants, water systems, telecommunications networks, and transportation hubs—affects public safety and economic stability. Creating clearer liability standards could incentivize property protection and deter unlawful access, but the breadth of vicarious liability could have unintended consequences for legitimate activities like journalism, advocacy, or security research if definitions are overly broad.

Potential points of contention

  • Vicarious liability scope: How far does responsibility extend? Could journalists, organizers, or security researchers face liability for others' trespass actions?
  • Definition of "critical infrastructure": Overly broad definitions could capture facilities beyond traditional utilities, or conversely, narrow definitions might leave gaps in protection.
  • First Amendment balance: Protest, activism, and civil disobedience activities could be significantly chilled if liability exposure becomes too expansive for those merely encouraging others to trespass.

Compiled from official sources — confirm details with the bill’s official record.

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