Criminalizes “trespassing to unlawfully collect resource data” and “unlawful collection of resource data.”
This law makes it illegal for a person to “trespass to unlawfully collect resource data.” The crime of trespassing to unlawfully collect resource data includes: (1) entering onto another’s private open land without authorization; with (2) the purpose of collecting resource data. “Resource data” is data relating to land or land use, including but not limited to data regarding agriculture, minerals, geology, history, cultural artifacts, archeology, air, water, soil, conservation, habitat, vegetation, or animal species.”
This law also makes it illegal to “unlawfully collect” such “resource data.” A person “unlawfully collects resource data” when he/she enters onto private open land and collects resource data without an ownership interest in the land or authorization to enter the land. Resource data collected in violation of this law must be expunged from the records of any government entity in possession of it, may not be considered in determining any government agency action, and is inadmissible in any civil, criminal, or administrative proceeding, except in a prosecution for violation of this law. Violations are punishable by imprisonment for up to one year, and/or a fine of up to $1,000($5,000 for repeat offenders).
This law went into effect on March 5, 2015. In December 2015, a federal judge permitted a lawsuit challenging the law’s constitutionality to proceed.
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