Guarding and Administering Trespass Enforcement, Controlling Restricted Areas, and Stopping High-risk Encroachment Recidivism and Sabotage Act; GATE CRASHERS Act
Summary
The "GATE CRASHERS Act" (H.R. 4834) aims to enhance the security of Department of Defense (DoD) facilities by establishing criminal penalties for unauthorized access. It amends Title 18 of the United States Code to create a new section addressing trespass on DoD property that is clearly marked as closed or restricted. Penalties escalate with repeat offenses, ranging from fines and up to 180 days imprisonment for the first offense, to fines and up to 10 years imprisonment for subsequent offenses.
Expected Effects
The Act will likely lead to increased enforcement of trespass laws on DoD properties. This could deter unauthorized access and potentially reduce security breaches. It may also result in more individuals being prosecuted for trespassing on military facilities.
Potential Benefits
- Enhanced security at Department of Defense facilities.
- Deterrence of potential threats and sabotage.
- Clearer legal framework for prosecuting trespassers.
- Increased safety for military personnel and assets.
- Potentially reduced costs associated with security breaches.
Most Benefited Areas:
Potential Disadvantages
- Potential for over-enforcement and disproportionate penalties.
- Increased burden on the justice system due to more prosecutions.
- Risk of accidental trespassers being subjected to harsh penalties.
- Possible negative impact on public perception of military facilities.
- Potential for civil rights violations if enforcement is not carefully monitored.
Constitutional Alignment
The Act aligns with the Constitution's provision for national defense (Preamble) and the power of Congress to enact laws necessary and proper for executing its enumerated powers (Article I, Section 8). The Fifth Amendment's due process clause is relevant, requiring fair application of the law. The Eighth Amendment, prohibiting cruel and unusual punishment, may be invoked if the penalties are deemed excessive for the crime.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).