The GATE CRASHERS Act adds a new federal offense to 18 U.S.C. and targets unauthorized entry onto Department of Defense property that is clearly marked as closed or restricted. The core mechanism is the creation of a standalone offense under a new §1390 that applies within the United States and carries escalating penalties based on the offender’s history.
The bill also updates the table of sections to reflect the addition of this new provision. Sponsor-led, it translates a security objective into a codified deterrent with defined enforcement parameters.
At a Glance
What It Does
Creates a new federal offense, §1390, prohibiting unauthorized access to DoD facilities and defining what constitutes a restricted area.
Who It Affects
Individuals who knowingly enter DoD property that is clearly marked as closed or restricted, as well as DoD security personnel and federal prosecutors prosecuting such offenses.
Why It Matters
Establishes a clear, escalating penalty framework intended to deter trespass on sensitive military sites and close a gap in federal trespass enforcement.
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What This Bill Actually Does
The bill adds a new section to Title 18 to criminalize unauthorized entry onto Department of Defense property that is clearly marked as closed or restricted. The offense falls under federal jurisdiction, and it applies when an individual knowingly goes onto such property without authorization.
The statute creates a three-tier penalty structure that rises with successive offenses: a first offense may result in a fine, imprisonment for up to 180 days, or both; a second offense may bring a fine and imprisonment up to 3 years; and a third or subsequent offense may carry a fine with imprisonment up to 10 years. In addition to creating the offense, the bill amends the table of sections to place the new §1390 in Chapter 67 of Title 18.
The practical effect is to give DoD sites a uniform, federal deterrent against trespass by clarifying the consequences of unauthorized access and ensuring consistent enforcement across the United States.
The Five Things You Need to Know
The bill adds a new federal offense, §1390, to 18 U.S.C. Chapter 67, for unauthorized access to DoD facilities.
Unauthorized access is defined as entering DoD property under DoD jurisdiction that is clearly marked as closed or restricted.
Penalties escalate with offenses: up to 180 days for the first, up to 3 years for the second, up to 10 years for the third or subsequent offenses.
The table of sections is amended to include 1390 at the end of Chapter 67.
The act is named the GATE CRASHERS Act and was introduced in the 119th Congress by Sen. Cruz and cosponsors.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title
This section designates the Act’s official title. It cites the long form name of the bill, and provides the commonly used shorthand reference “GATE CRASHERS Act.” This establishes how the law will be cited in subsequent enforcement and administrative actions.
Unauthorized access to DoD facilities
Section 2 adds a new §1390 to Title 18, creating a federal offense of unauthorized access to Department of Defense facilities. It makes it unlawful to enter any DoD property under the department’s jurisdiction that is clearly marked as closed or restricted without authorization. Penalties are tiered by offense count: first offenses carry fines and up to 180 days in jail; second offenses carry higher fines and up to 3 years; third or subsequent offenses can reach up to 10 years in prison. The section also establishes that the offense applies within the United States.
Table of sections amendment
This section amends the table of sections for Title 18, United States Code, to add an entry for §1390, Unauthorized access to Department of Defense facilities. This ensures the new offense is properly indexed within the federal code and enforceable as part of Chapter 67.
This bill is one of many.
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Explore Defense in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- DoD installation security forces and commanders, who gain a clear, codified deterrent and enforcement framework for unauthorized access.
- U.S. Attorneys and federal prosecutors, who obtain a defined charge and thresholds for prosecution.
- Federal law enforcement agencies responsible for enforcing DoD access rules and safeguarding sensitive sites.
- National security policymakers and defense administrators seeking predictable compliance standards across DoD facilities.
Who Bears the Cost
- Individuals who trespass on DoD property and face escalating penalties and potential imprisonment.
- DoD and federal judiciary resources required to prosecute and adjudicate §1390 offenses.
- Potential administrative costs for DoD facilities to monitor, mark, and maintain restricted areas in line with the statute.
- Taxpayers bearing incidental enforcement and court costs associated with implementing a new federal offense.
Key Issues
The Core Tension
Balancing a robust deterrent against trespass with the risk of over-criminalizing casual or mistaken entries and the administrative burden of enforcing a new federal offense.
The bill creates a strong deterrent by codifying a new federal offense with clearly defined penalties. Yet it also raises questions about the boundaries of the offense—specifically, what constitutes reasonable perceptions of trespass and how signage is interpreted in rapidly changing environments.
The lack of an explicit mens rea or intent requirement means that a person could face the statute even in cases of mistaken entry if the property meets the criteria (DoD jurisdiction and a clear “closed/restricted” marking). The requirement to update the table of sections ensures consistency across the U.S. Code, but practical enforcement will depend on DoD site-specific signage, surveillance, and available prosecutorial resources.
The policy trades the risk of over-criminalization in minor entries for a stronger national-security focus on protecting sensitive installations in a high-threat landscape.
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