Prohibits UAS from observing, viewing, photographing, filming or videotaping a person in a place where such person has a reasonable expectation of privacy. Authorizes the program to provide training, conduct testing and develop safety guidelines. In May 2018, the U.S. Department of Transportation (DOT) announced the selection of 10 state, local and tribal governments as participants in the Unmanned Aircraft Systems (UAS) Integration Pilot Program, a three-year drone pilot program. The study must also consider privacy concerns, costs, and timeliness of deployment for each of these uses. %PDF-1.6 % Prohibits using a drone to conduct surveillance of, gather evidence or collect information about, or take photos or video of a school, school premises, or correctional facilities. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. States that the offense does not apply if prior permission is given and the operator complies with any instructions concerning UAS. It also pre-empts any locality from regulating UAS. Requires the Department of Corrections and local detention facilities to provide the state Aeronautics Commission (Commission) a list of sites or facilities in electronic format. Six statesArkansas, Delaware, Georgia, Kentucky, Virginia and Tennesseeprohibited UAS flying over property, including correctional and other facilities for utilities, defense, telecommunications and railroads. Public events where there is a heightened risk to public safety or to collect information if there is reasonable suspicion of criminal activity. It is a fourth-degree crime ifa person knowingly or intentionally creates or maintains a condition which endangers the safety or security of a correctional facility by operating an unmanned aircraft system on the premises of or in close proximity to that facility. Using a UAS to conduct surveillance of a correction facility is a third-degree crime. The law regulates the use of drones by public bodies, including requiring policies and procedures for the retention of data. Utah Criminal Code 76-6-206. Directs the Center to establish collaboration between businesses, investors, universities entrepreneurs and government organizations. Sign up for our free summaries and get the latest delivered directly to you. Additionally, the FAA would consider any person who purchases a compliant drone and modifies it in certain ways such as changing the drones computer code or outfitting it with non-compliant blades, to have taken on the role of a manufacturer and therefore would be required to seek FAA approval before that drone could undertake operations over people. While the bill does require that any final rule for drone package delivery address the views of state, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served, it is unclear how the FAA will balance state views with the existing preemption for air carriers. Prohibits UAS operation over correctional and detention facilities. Requires the center of excellence within the Department of Public Safety to perform a study. Provides that the provisions do not apply to personnel acting within the scope of employment or a person with prior approval. Nine statesCalifornia, Kentucky, Michigan, South Carolina, Tennessee, Utah, Vermont, Wisconsin and West Virginiaprohibited UAS flying over property, including correctional and other facilities for utilities, defense and railroads. (b) A violation of Subsection (2)(c) is an infraction. The law addresses the launch and recovery sites of UAS, prohibiting their launch or recovery from any State or private property without consent. OhioenactedHB 292creating the aerospace and aviation technology committee. Prohibits using UAS to interfere with wildfire suppression efforts. Counter-terrorist attacks and conduct threat assessments. The operator must maintain visual line of sight, cannot operate within certain airspace, cannot operate in a way that interferes with operations at an airport, heliport or seaplane base, cannot operate from specified locations, and must operate below 400 feet unless it is within 400 feet of a structure. The law also creates the unmanned aircraft systems task force to develop statewide policy recommendations on the operation, use, and regulation of UAS in the state. Web18 Pa. C.S. The law provides that if police seek a warrant to compel information from media entities and personnel, then those individuals must be notified and given the opportunity to be heard by the court concerning the issuance of the warrant. All Rights Reserved by Recently Booked. The law also defines the safe operation of unmanned aircraft, specifying operational requirements for recreational operators. hb```I,B ** This post is showing arrest information only. It also makes it a crime to possess those images (Class C Misdemeanor) or distribute and otherwise use them (Class B Misdemeanor). The law prohibits using a drone in a way that interferes with emergency personnel and it also prohibits the use of a drone to harass an individual, to violate a restraining order, or to capture images in a way that invades an individuals reasonable expectation of privacy. The law specifies that these provisions do not apply to commercial operators in compliance with FAA regulations. Exempts UAS use by non-law enforcement employees of the Fish and Wildlife Conservation Commission or the Florida Forest Service from laws prohibiting UAS operations by government employees for the purpose of managing and eradicating invasive exotic plants or animals on public lands, as well as suppressing and mitigating wildfire threats. It also prohibits the weaponization of drones. Appropriates $1 million to support UAS companies and development of UAS industries. This is a passive informational site providing organization of public data, obtainable by anyone. Defines terms related to UAS, including drone and small unmanned aircraft systems.. It also establishes an unmanned aerial systems test site advisory board to plan and oversee test site development and appropriates funds to establish the test site. The law also specifies that only the state may enact a law or regulation, preempting the authority of counties and municipalities. Regulates the use of UAS in agricultural commercial operations. Allows UAS to be used to assess the presence of obstructions for the purpose of maintaining clearances of utility easements. 149 0 obj <>stream In Jan 2019, FAA released a proposed rulemaking that would authorize drone flights over people and at nighttime. Copyright 2023. Indianaadopted a resolution (SR 27) urging their legislative council to study UAS issues. It also prohibits the use of UAS near critical infrastructure, including correctional facilities. This is a passive informational site providing organization of public data, obtainable by anyone. It allows the use of UAS for emergency management activities, including incident command, area reconnaissance, search and rescue, preliminary damage assessment, hazard risk management, and floodplain mapping. Requirethat a law enforcement agency obtain a warrant before using a drone for any purpose, except in limited circumstances. The development of Remote ID is a necessary building block for the foundation of a UAS Traffic Management System (UTM) that is scalable to the national airspace, similar to the existing air-traffic control system applicable to traditional aircraft. Makes it a criminal offense to operate UAS near a correctional center, mental health hospital, or certain open-air facilities, including sports stadiums holding 5,000 or more persons, without written consent. The law also creates the offense of remote aerial harassment. All of these offenses are class A misdemeanors. Created the Commission on Unmanned Aircraft Technology to make state-level rule recommendations to the governor. Memphis-Shelby County Airport Authority, Tenn. This preempts county and municipal authority. A second offense can be punished by a fine up to 1000 dollars and one-year imprisonment. Specifies that information obtained from UAS is admissible as evidence during the investigation of a motor vehicle crash scene on a public roadway. Prohibits UAS within a horizontal distance of 500 feet or a vertical distance of 250 feet from any Department of Corrections facility without written approval. Adds the use of UAS to the crimes of voyeurism, video voyeurism and peeping tom. The law also defines unmanned aerial system and unmanned aircraft system. It specifies that unmanned aircraft system does not apply to a UAS used by a local, state or federal government or other specified entities. Two statesIdaho and Minnesotapermitted law enforcement agencies to operate UAS for specified purposes, including traffic crash reconstruction, search and rescue missions, and training purposes. He was charged with CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT. The bill specifies that UAS operators cannot operate, take off or land in areas designated by an airports map. The new law defines the unlawful use of an unmanned aircraft system as the intentional use of a UAS to conduct surveillance of a targeted facility without the owners Directs the Department of Aviation (department) to adopt rules maintaining records of an educational institutions use of UAS, including registration. Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. Eighteen statesAlaska, Arizona, California, Delaware, Idaho, Illinois, Indiana, Kansas, Louisiana, Michigan, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Vermont, Virginia and Wisconsinpassed 32 pieces of legislation. All rights reserved. Prohibits law enforcement from using facial recognition, unless it is for search and rescue or assessment of forest wildfires and floods and storms as outlined in. Today, over 1.1 million recreational drones are registered with theFederal Aviation Administration. Appropriates $4 million to the Department of Transportation for the purchase of UAS equipment, including aircraft systems, mobile command systems and technology. Oklahoma:Report of the Governors Unmanned Aerial Systems Council: 2015. Makes it a misdemeanor offense to take off or land in violation of current Federal Aviation Administration Special Security Instructions or UAS Security Sensitive Airspace Restrictions (e.g., military and defense facilities). WebThis part is known as Unlawful Use of Unmanned Aircraft. Section 302: Reserved. It also creates the offense of reckless interference with an aircraft through certain uses of UAS. The law makes it a class B misdemeanor to fly a UAS that carries a weapon or has a weapon attached. This legislation is a response to the use of UAS by the paparazzi. Creates an offense for using or threatening to use UAS in order to obstruct public safety personnel and related operations. WebTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Creates an exemption for a search warrant following an accident where a report is required to survey the scene of an accident for the purpose of crash reconstruction and record the scene by photographic or video images. Exempts UAS operating in a mosquito abatement district during the scope of its work. Appropriates $14 million for industry certifications in various occupational areas, including UAS. Three statesFlorida, Massachusetts and Virginiaappropriated funds for UAS-related certifications, programs and public-private partnerships. New Mexicoadopted memorials in the House and Senate requiring a study on protecting wildlife from drones. Appropriates funds to Virginia Tech for UAS research and development. Removes the exemption that specified that certain model aircraft were not unmanned aircraft. Delaware adopted a resolution expressing support for the development of many facets of UAS and the increased economic and training opportunities available within the FAA regulatory framework. The law generally preempts local regulation of UAS but specifies that localities may enact ordinances relating to nuisances, voyeurism, harassment, reckless endangerment, property damage or other illegal acts. 3505. United States Senate Committee on the Judiciary. (2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction: (a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter and remain unlawfully over property and: (i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107; (ii) intends to commit any crime, other than theft or a felony; or. Additionally, section 351 codifies the existing unmanned aircraft integration pilot program (IPP) created by the Department of Transportation (DOT) last year (more information below). (a)Enter means intrusion of the entire body or the entire unmanned aircraft. Charges: Charge Description: USE OR POSSESSION OF DRUG PARAPHERNALIA Bond Amount: $225.00 Charge Description: CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT Bond Amount: $350.00 Charge Description: POSSESSION OR USE OF A CONTROLLED SUBSTANCE Bond Amount: Any operator who violates these requirements is liable for any damages and law enforcement shall issue a written warning for the first violation. The National Conference of State Legislatures works to bring you up to date, real-time information about autonomous vehicle bills that have been introduced in the 50 states and the District of Columbia. Requires the development of rules prohibiting the use of UAS for angling, hunting, trapping, or interfering with a person who is lawfully angling, trapping, or hunting. Requires a warrant to use UAS for criminal investigations except in certain circumstances and sets out standards for the operation of UAS by law enforcement. The department must report on its findings to the general assembly by Dec.31, 2014. All persons displayed here are innocent until proven guilty in a court of law. Virginia:Department of Criminal Justice Services, Congressional Research Service Report |". Anyone who violates this law is guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a subsequent offense or if livestock is seriously injured or killed or there is damage in excess of $1,000. Rhode Island'sresolution created a legislative commission to study and review the regulation of UAS. Georgias resolution established a House study committee on the use of drones. The task force will prepare recommendations for the use of UAS in the state. Provides immunity for first responders who damage a UAS that was interfering with the first responder while he or she was providing emergency services. https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-206/, Read this complete Utah Code Title 76. It also preempts local regulation of UAS and exempts UAS from aircraft registration in the state. 118 0 obj <> endobj Makes it a class B misdemeanor to operate a UAS within a certain distance of a wildfire. In 2013, 43 states introduced 130 bills and resolutions addressing UAS issues. Web(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction: (a) the person enters or remains unlawfully on or causes (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless the violation is committed in a dwelling, in which event the violation is a class A misdemeanor. Creates the Unmanned Aircraft Systems Act. Donald Edward Robinson, 76, was charged by criminal complaint with one count of lewd, indecent and obscene acts while in the special aircraft jurisdiction of the It specifically permits commercial operation in the state if the operator is authorized by the FAA to operate commercially and permits hobby operation so long as the operator complies with federal law. The current Texas law defines the offense of Criminal Trespass in Penal Code Section 30.05 as follows: (a) A person Seven statesAlaska, Nevada, New Jersey, North Carolina, Ohio, Oregon and Washingtonestablished UAS programs or appropriated funds. violation is committed in a dwelling, in which event the violation is a class A misdemeanor. Prohibits UAS over a correctional facility or to deliver contraband. Alaska adopted a resolution supporting the aviation industry and urging the governor to make state land available for use in the development of UAS technology. Allows an institution of higher education, or school district, to use UAS for educational, research or testing purposes. Contact us. Prohibits UAS from transferring or delivering medical cannabis. The law specifies that the commission does not have the power to regulate unmanned aircraft operation in navigable airspace. Placing another person in reasonable fear of bodily injury. The legislation also creates a pilot program, requiring the deployment of at least one team of UAS operators to a region of the state that has been designated as a fire hazard where they will be trained on the use of UAS for the above specifies functions. (4) It is a defense to prosecution under this section that: (a) the property was at the time open to the public; and. The law requires the Wyoming Aeronautics Commission to develop rules regulating where unmanned aircraft can take off and land. Another important set of provisions affecting drones, although not specifically aimed at states, was section 349, which redefines the rules for the operation of recreational drones by repealing section 336 of the 2012 FAA Reauthorization Act, which had severely limited the FAAs authority to regulate recreational drones. North Carolina:Legislative Research Commission. Currently, such activities are not permitted unless an operator has specific authorization, in the form of a waiver from the FAA. Under the law, the state Division of Aviation is required to create a knowledge and skills test for operating unmanned aircraft. One stateNew Jerseyprohibited UAS from delivering medical marijuana. Creates a UAS Oversight Task Force which is tasked with considering commercial and private use of UAS, landowner and privacy rights and general rules and regulations for the safe operation of UAS. A person is guilty of an offense committed with the aid of UAS if the UAS is under the persons control and the activity performed would have given rise to criminal liability if performed directly without the aid of UAS. Prohibits municipalities from regulating UAS. Stay up-to-date with how the law affects your life. It also requires the department of public safety to develop guidelines for the use of UAS and to determine whether changes to the criminal code are necessary. ,6w ["b2csZT-\^G%$:+:hjf& - R`cFv[&vI,SWiQ0{L3Sh160n"fd``c[% " ` + Section 303: Weapon attached to unmanned aircraft -- Penalties. The law also specifies that a person is not guilty of what would otherwise be a privacy violation if the person is operating a UAS for legitimate commercial or educational purposes consistent with FAA regulations. Web(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10 One of the committees duties is to research and develop aviation technology including unmanned aerial vehicles. Twenty statesArkansas, California, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Michigan, Mississippi, Nevada, New Hampshire, North Carolina, North Dakota, Oregon, Tennessee, Texas, Utah, VirginiaandWest Virginiapassed 26 pieces of legislation. States that a national aeronautical information manual, published by the Federal Aviation Administration, is the official guide to state aviation and flight activity. The federal government is the primary regulator of aircraft operations and exerts significant control over the regulation of drones. The commission is also permitted to develop reasonable rules regulating the operation of unmanned aircraft through coordination with the unmanned aircraft industry and local governments. Defines drone as a powered aerial vehicle without a human operator that can fly autonomously or be piloted remotely. Adds a railroad operating facility to the areas where UAS may not operate. Allows regulation of the launch or landing of UAS on public property by the state or local government. (a) "Enter" means intrusion of the entire body or the entire unmanned aircraft. Enter means intrusion of the entire body or the entire unmanned aircraft. The new rules for the operation would require passage of an aeronautical safety and knowledge test, registration and marking of the recreational drone, as well as operating under a community-based organizations set of safety guidelines developed in coordination with the FAA. This would allow nearby drones and aircraft to avoid the drone while simultaneously allowing law enforcement agencies to identify rogue operators. 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