Critical Infrastructure Crimes in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Counts as Critical Infrastructure

The statute covers two groups:

• Linear assets, wherever they are: electric distribution or transmission lines, oil or gas pipelines, communication wirelines, and railways, plus their attachments.
• Listed facilities, but only if the owner used measures to keep people out, such as fences, barriers, guard posts, or no-trespassing signs. The list includes power plants and substations; water and wastewater plants and pump or lift stations; wired or wireless communications facilities, including towers; chemical and gas facilities; large propane terminals; seaports listed in state law; rail yards, trucking terminals, and freight facilities; airports; spaceport territory; broadcast transmission sites; dams and floodgates; and certain military and defense research facilities.

What the State Must Prove

Improper tampering (s. 812.141(2); Fla. Std. Jury Instr. (Crim.) 12.10, Elements):

1. You improperly tampered with critical infrastructure, meaning you caused or tried to cause significant damage to it, or a significant interruption or impairment of its function, without permission or authority.
2. You did it knowingly and intentionally.
3. It caused $200 or more in damage, or an interruption or impairment costing $200 or more in labor and supplies to restore.

Trespass on critical infrastructure (s. 812.141(4); Instr. 13.8, Elements):

1. You willfully entered or stayed on critical infrastructure.
2. You were not authorized, licensed, or invited.
3. You had notice not to enter, either told to you directly or given by posting, fencing, or cultivation as Florida's trespass law defines them.

Unauthorized computer access (s. 812.141(5)(a); Instr. 12.11, Elements): you willfully and knowingly accessed a computer, system, network, or electronic device owned, operated, or used by a critical infrastructure entity; you were not authorized; and you knew it at the time.

Disrupting a service (s. 812.141(5)(b); Instr. 12.12, Elements): willfully, knowingly, and without authorization, you physically tampered with, inserted a computer contaminant (such as a virus) into, or sent commands or communications to a computer, system, network, or device, and that caused a disruption in a service delivered by critical infrastructure.

Degrees and Penalties

• Improper tampering ($200+): second-degree felony, up to 15 years and a $10,000 fine.
• Trespass on critical infrastructure: third-degree felony, up to 5 years and a $5,000 fine.
• Unauthorized computer access: third-degree felony.
• Disrupting a service through a computer or device: second-degree felony.

After a tampering conviction, the owner or operator can also sue for three times its damages under s. 812.141(3).

Common Miami Situations

• Climbing a fence at a substation, lift station, or cell tower site to take photos or film.
• Stripping copper or cable from utility or phone lines.
• A former employee or contractor who logs in to a utility, port, or airport system after access ended.

Defense Themes

• Is it covered? Many facilities count only if the owner actually used fences, barriers, guards, or signs.
• Notice. Trespass requires notice the way Florida law defines it.
• Knowledge and intent. Tampering requires that you acted knowingly and intentionally; the computer crimes require willful, knowing, unauthorized conduct.
• The $200 threshold. The State must prove damage or restoration cost.
• Authorization. Shared passwords, unclear access rules, and contractor permissions matter.

What to Do First

1. Do not post or delete photos, videos, or messages about the site.
2. Do not talk to utility security or investigators without a lawyer.
3. Preserve work orders, badges, contracts, and login permissions if you had legitimate access.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is trespassing at a substation or cell tower a felony?

If the site qualifies as critical infrastructure and you had notice not to enter, it is a third-degree felony.

I took copper wire from an old line. Is that more than theft?

It can be. Damaging a linear asset, such as power or phone lines, by $200 or more can be charged as improper tampering, a second-degree felony.

Is accessing a utility's computer always a crime?

Only if you knew you were not authorized. Authorization disputes are common in employee and contractor cases.