Massachusetts § 123A - Willful trespass upon public source of water, water supply facility or land

§ 123A. Willful trespass upon public source of water, water supply facility or land

Section 123A. (a) Whoever willfully trespasses upon any public source of water or public water supply facilities or land after having been forbidden to do so by a person who has lawful control of the water, facilities or land, or an agent of such a person, whether directly or by notice posted on such water supply facility or land, shall be punished by a fine of not less than $250 nor more than $1,000.

(b) Whoever commits any offense described in subsection (a) with the intent to corrupt, pollute or defile such public source of water shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment in the house of correction for not more than 2 years or in state prison for not more than 5 years or by both such fine and imprisonment. Whoever is convicted of a second or subsequent violation of this subsection shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment in state prison for not less than 5 years nor more than 10 years or by both such fine and imprisonment.

(c) In addition to the punishments outlined in subsections (a) and (b), restitution in the amount of costs associated with water quality analysis and any subsequent investigation to determine water safety and security of the facilities or land may be ordered by a court after a hearing relative to such restitution.

(d) A law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated this section.