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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 903
103RD GENERAL ASSEMBLY
2026
4858S.05T
AN ACT
To repeal section 569.086, RSMo, and to enact in lieu thereof three new sections relating to
telecommunications infrastructure, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 569.086, RSMo, is repealed and three 1
new sections enacted in lieu thereof, to be known as sections 2
569.086, 569.117, and 569.119, to read as follows:3
569.086. 1. As used in this section, "critical 1
infrastructure facility" means any of the following 2
facilities that are under construction or operational: a 3
petroleum or alumina refinery; critical electric 4
infrastructure, as defined in 18 CFR [Section 118.113(c)(3)] 5
Section 388.113(c)(3) including, but not limited to, an 6
electrical power generating facility, substation, switching 7
station, electrical control center, or electric power lines 8
and associated equipment infrastructure; a chemical, 9
polymer, or rubber manufacturing facility; a water intake 10
structure, water storage facility, water treatment facility, 11
wastewater treatment plant, wastewater pumping facility, or 12
pump station; a natural gas compressor station; a liquid 13
natural gas terminal or storage facility; a 14
telecommunications central switching office; wireline or 15
wireless telecommunications networks, infrastructure, or 16
facilities, including cell towers, telephone poles and 17
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lines, including fiber optic lines; a port, railroad 18
switching yard, railroad tracks, trucking terminal, or other 19
freight transportation facility; a gas processing plant, 20
including a plant used in the processing, treatment, or 21
fractionation of natural gas or natural gas liquids; a 22
transmission facility used by a federally licensed radio or 23
television station; a steelmaking facility that uses an 24
electric arc furnace to make steel; a facility identified 25
and regulated by the United States Department of Homeland 26
Security Chemical Facility Anti-Terrorism Standards (CFATS) 27
program; a dam that is regulated by the state or federal 28
government; a natural gas distribution utility facility 29
including, but not limited to, natural gas distribution and 30
transmission mains and services, pipeline interconnections, 31
a city gate or town border station, metering station, 32
aboveground piping, a regulator station, and a natural gas 33
storage facility; a crude oil or refined products storage 34
and distribution facility including, but not limited to, 35
valve sites, pipeline interconnection, pump station, 36
metering station, below or aboveground pipeline or piping 37
and truck loading or offloading facility, a grain mill or 38
processing facility; [a] networks and facilities used in the 39
generation, transmission, or distribution [system] of 40
broadband internet access; or any aboveground portion of an 41
oil, gas, hazardous liquid or chemical pipeline, tank, 42
railroad facility, or other storage facility that is 43
enclosed by a fence, other physical barrier, or is clearly 44
marked with signs prohibiting trespassing, that are 45
obviously designed to exclude intruders. 46
2. A person commits the offense of trespass on a 47
critical infrastructure facility if he or she purposely 48
trespasses or enters property containing a critical 49
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infrastructure facility without the permission of the owner 50
of the property or lawful occupant thereof. The offense of 51
trespass on a critical infrastructure facility is a class B 52
misdemeanor. [If it is determined that the intent of the 53
trespasser is to damage, destroy, or tamper with equipment, 54
or impede or inhibit operations of the facility, the person 55
shall be guilty of a class A misdemeanor. 56
3. A person commits the offense of damage of a 57
critical infrastructure if he or she purposely damages, 58
destroys, or tampers with equipment in a critical 59
infrastructure facility. The offense of damage of a 60
critical infrastructure facility is a class D felony. 61
4.] 3. This section shall not apply to conduct 62
protected under the Constitution of the United States, the 63
Constitution of [the state of] Missouri, or a state or 64
federal law or rule. 65
569.117. 1. A person commits the offense of damage of 1
a critical infrastructure facility, as defined in section 2
569.086, if he or she: 3
(1) Purposely damages, destroys, or tampers with 4
equipment in a critical infrastructure facility; or 5
(2) Recklessly damages, destroys, or tampers with a 6
critical infrastructure facility, or removes any component 7
of the critical infrastructure facility, excluding equipment. 8
2. Except as provided under subsection 3 of this 9
section, the offense of damage of a critical infrastructure 10
facility under: 11
(1) Subdivision (1) of subsection 1 of this section is 12
a class D felony; or 13
(2) Subdivision (2) of subsection 1 of this section is 14
a: 15
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(a) Class A misdemeanor if the damage is under seven 16
hundred fifty dollars; 17
(b) Class E felony if the damage is seven hundred 18
fifty dollars or more but less than twenty-five thousand 19
dollars; or 20
(c) Class D felony if the damage is twenty-five 21
thousand dollars or more. 22
3. If the damage to a critical infrastructure facility 23
causes interruption, impairment, or degradation of service, 24
the offense of damage of a critical infrastructure facility 25
shall be a class C felony regardless of value. 26
4. The value of damages under this section shall be 27
determined under the provisions of section 570.020. 28
5. (1) Any person who commits a violation under this 29
section shall be required to make restitution and perform 30
community service as provided in this subsection. 31
(2) Restitution shall be made under the provisions of 32
section 559.105. 33
(3) Community service shall be imposed as follows: 34
(a) One hundred hours for the first offense; 35
(b) Two hundred hours for the second offense; or 36
(c) Up to three hundred hours for the third or any 37
subsequent offense. 38
569.119. 1. As used in this section, the following 1
terms mean: 2
(1) "Copper, brass, aluminum, fiber, or 3
telecommunications material", any insulated or noninsulated 4
copper, brass, aluminum, fiber-optic, or telecommunications 5
wire, cable, pipe, tubing, power inverter, bus bar, 6
broadband cable, fiber-optic line, or any material 7
containing copper, brass, aluminum, fiber, glass, or metal 8
components that is commonly used in construction, electrical 9
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systems, telecommunications networks, broadband 10
infrastructure, utilities, or related commercial or 11
industrial applications; 12
(2) "Critical infrastructure facility", the same 13
meaning as defined under section 569.086. 14
2. A person commits the offense of unauthorized 15
possession of certain copper, brass, aluminum, fiber, or 16
telecommunications material if the person: 17
(1) Knowingly possesses copper, brass, aluminum, 18
fiber, or telecommunications material; and 19
(2) Is not a person authorized to possess such 20
material as provided under subsection 3 of this section. 21
3. Subject to subsection 4 of this section, the 22
following persons are authorized to possess copper, brass, 23
aluminum, fiber, or telecommunications material: 24
(1) The owner of the material; 25
(2) A public utility, rural electric cooperative, 26
municipal utility, or common carrier; 27
(3) A telecommunications provider, internet service 28
provider, cable service provider, or video service provider; 29
(4) A manufacturing, industrial, commercial, retail, 30
or similar business that sells or uses such material in the 31
ordinary course of business; 32
(5) A carrier-for-hire acting in the course and scope 33
of the carrier's business and possessing appropriate 34
documentation, including a bill of lading or contract 35
verifying transport information; 36
(6) A scrap metal or metal recycling dealer under 37
chapter 407 and acting within the ordinary course of 38
business; 39
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(7) A person acting in the ordinary course of lawful 40
construction, remodeling, demolition, or salvage work who 41
lawfully acquires the material through such activities; or 42
(8) Any agent, employee, subcontractor, or 43
representative of a person described in subdivisions (1) to 44
(7) of this subsection who is acting within the course and 45
scope of such authority. 46
4. The authorization provided under subsection 3 of 47
this section does not apply to a person who knows that the 48
copper, brass, aluminum, fiber, or telecommunications 49
material was unlawfully obtained. 50
5. (1) Except as provided in subdivision (2) of this 51
subsection, the offense of unauthorized possession of 52
certain copper, brass, aluminum, fiber, or 53
telecommunications material is a class E felony. 54
(2) The offense of unauthorized possession of certain 55
copper, brass, aluminum, fiber, or telecommunications 56
material is a class D felony if it is shown at trial that: 57
(a) The material was unlawfully obtained from a 58
critical infrastructure facility; 59
(b) The person has a prior conviction for any offense 60
involving theft, property damage, tampering, receiving 61
stolen property, or unauthorized possession of copper, 62
brass, aluminum, fiber, or telecommunications material; or 63
(c) The person conspired with or acted in concert with 64
another to commit theft, property damage, tampering, or 65
receiving stolen property involving such material. 66
6. If conduct constituting an offense under this 67
section also constitutes an offense under any other 68
provision of law, the person may be prosecuted under either 69
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or both provisions subject to the provisions of section 70
556.041. 71
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