North Carolina ups penalties for critical infrastructure crimes

(The Center Square) – New punishments have been enacted in North Carolina for property crimes against critical infrastructure.

The 40-page law addresses public water systems and wastewater treatment facilities; public utilities and manufacturing facilities; and energy, water, wastewater and manufacturing facilities.

The General Assembly often has varying times for new laws taking effect, and Sunday – Dec. 1 – was among them. Some of this session’s more than 1,400 modifications took place immediately, others already in every month since June, and more are coming Jan. 1.

In the opening year of this session, lawmakers unanimously passed the Protect Critical Infrastructure law. That came in response to attacks on energy stations in December 2022 that left thousands of North Carolinians in the cold without power amid freezing temperatures.

The incident prompted a state of emergency and investigation that involved the Sheriff’s Office, State Bureau of Investigation, FBI and local police departments.

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In the Regulatory Reform Act of 2024, also known as Senate Bill 607, for injurious actions to public water systems and wastewater treatment facilities, those convicted will be ordered to pay a fine of $250,000 in addition to the Class C felony. Each violation of the section of the law “constitutes a separate offense and shall not merge with any other offense,” the new law says.

Punishment for injury to a public utility is increased from Class 1 misdemeanor to Class C felony. The injury to manufacturing facility is new and, for those convicted, will draw a $250,000 fine and Class C felony.

Hardware, software and digital infrastructure for the “necessary operations of a public water system or wastewater treatment system” are included in the language of the law.

The legislation, after 10 days with approvals from the Senate and House of Representatives, became law without signature of Gov. Roy Cooper. In a message at the time in July, he opposed a provision related to the North Carolina Railroad, a private rail corporation. Final votes at passage were 30-13 in the Senate and 63-37 in the House.

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