The law specifies that these provisions do not apply to commercial operators in compliance with FAA regulations. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Under the law, the state Division of Aviation is required to create a knowledge and skills test for operating unmanned aircraft. Prohibits the operation of UAS within a certain distance of a correctional facility. Connecticut:Office of Legislative Research. Specifies that search warrant requirements shall not apply to local governments when UAS are used to support the Commonwealth or any locality for purposes other than law enforcement, including damage assessment, traffic assessment, flood stage assessment and wildfire assessment. Expands the authority of the state's Chief Information Officer to approve the purchase and operation of UAS by the state and modifies the state regulation of UAS to conform to FAA guidelines. One stateVermontprohibited law enforcement from operating UAS while using facial recognition, except for purposes such as search and rescue and assessing wildfires, floods and storms. Prohibits the use of UAS to scout game during hunting season. Specifies that solely operating UAS through navigable airspace in accordance with federal law does not give rise to criminal liability. 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. Specifies that prohibitions on using UAS to photograph, record or observe another person in a private place, as well as landing UAS on private property, do not apply to operators using UAS for business and government purposes who unintentionally or incidentally photograph, record or observe persons in a private place. Iowa:Department of Public Safety,Unmanned Aerial Vehicle Legislative Report, Dec. 2014. Innovation and Entrepreneurship Investment Authority, Virginia, North Dakota Department of Transportation. This information does not infer or imply guilt of any Requires a person who intends to operate UAS to register with the area superintendents office prior to operating. Prohibits the use of a drone to capture an image of privately owned property or the owner, tenant, or occupant of such property without consent if a reasonable expectation of privacy exists. The study must also consider privacy concerns, costs, and timeliness of deployment for each of these uses. 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. Trespass with an unmanned aircraft system; penalty 18.2-125. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Appropriates $25,000 for an independent scientific organization to conduct a survey of the white-tailed deer population of the Blue Hills Reservation, using fixed-wing aircraft or UAS via aerial photography and downward-looking thermal imaging, as well as distance sampling using driving transects and spotlights. Specifically, a drone under category three could not operate over any open-air assembly of people, would have to be within or over a closed or restricted-access site and anyone within that site would have to be notified that a small unmanned aircraft may fly over them, and the drone could not hover over people, although it would be allowed to transit over them. Pennsylvania'sresolution directs the Joint State Government Commission to conduct a study on the use of UAS by state and local agencies. It also prohibits operation over a sports venue except in certain instances. Makes it a criminal offense to operate UAS if such operation is not in full compliance with all applicable Federal Aviation Regulations. It defines critical infrastructure to include a number of energy installations and wireless communications facilities. (4) It is a defense to prosecution under this section that: (a) the property was at the time open to the public; and. Currently, such activities are not permitted unless an operator has specific authorization, in the form of a waiver from the FAA. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Prohibits localities from regulating UAS except during special events and when the UAS is used by the locality. It also prohibits the operation of drones over the grounds of correctional and military facilities, making such operation a class 1 misdemeanor. It also prohibits the use of UAS over the grounds of a correctional facility. Specifies that this restriction does not apply to certain people, including someone operating with the written consent of the warden. The state senate also adopted a resolutionHCR 15to extend the operating time and expand the duties of the state UAS task force. Makes it a Class 1 misdemeanor to use UAS to trespass upon the property of another for the purpose of secretly or furtively peeping, spying, or attempting to peep or spy into a dwelling or occupied building located on such property. Assessing damage due t a natural disaster or fire. 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. Adds transmission linesthat are associated with the Colorado River Commission of Nevada to the definition of critical facility for the purpose of limiting where UAS can be operated. One stateNew Jerseyprohibited UAS from delivering medical marijuana. Charge Description: CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT Bond Amount: $100.00; Charge Description: THEFT Although only in proposed form, with no specific timeline for finalization, the publication represents an important step for the development of the technology. The participants include: The pilot program was established by a presidential memorandum in October 2017 giving DOT the authority to enter into agreements with at least five sites to experiment with both expanding drone authorities, such as flights over people or at night, while allowing state and local governments to issue reasonable time, place and manner restrictions. Exceptions include if a person has authorization from the FAA, the state or federal government. It also states that the offense does not apply to UAS operators who meet certain requirements. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 9Dr2@ mDFL@Yv10RDg`l Operating a UAS in a manner that endangers the life or property of another is a disorderly person offense. Get free summaries of new opinions delivered to your inbox! The legislation listed below includes key 2022 enactments related to the 911 system, such as administration, fees and funding, 911 telecommunicator reclassification and Next Generation 911. Established the Northern Plains Unmanned Systems Authority to oversee the operation of the UAS test site in the state. Prohibits UAS specifically designed or modified to cause, and is presently capable of causing, serious physical injury. Appropriates $348,000 to assess the use of UAS in natural resource monitoring of moose populations and changes in ecosystems. Directs the Department of Aviation (department) to adopt rules maintaining records of an educational institutions use of UAS, including registration. Prohibits UAS over private property or to conduct surveillance. Peeping or spying into dwelling or enclosure 18.2-130.1. Prohibits localities from regulating UAS, except when the regulated drone belongs to the locality. Additionally, section 351 codifies the existing unmanned aircraft integration pilot program (IPP) created by the Department of Transportation (DOT) last year (more information below). Requires adopted ordinances or regulations to be reported to the DA, along with a summary published on the localitys website. Defines unmanned aircraft systems and preempts localities from adopting UAS regulations after April 1, 2017. For example, a conviction for trespassing may result in a fine of as little as $25 or as much as $1,000. 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. Eighteen statesColorado, Connecticut, Florida, Georgia, Indiana, Kentucky, Louisiana, Minnesota, Montana, Nevada, New Jersey, North Carolina, Oregon, South Dakota, Texas, Utah, VirginiaandWyomingpassed 24 pieces of legislation. Makes it a felony offense to operate UAS over a correctional facility to deliver prison contraband. Defines drone as a powered aerial vehicle without a human operator that can fly autonomously or be piloted remotely. The law also loosens regulations around law enforcements use of UAS during a disaster or public health emergency. Specifies that surveillance by an unmanned aircraft constitutes criminal trespass under certain circumstances. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization. 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. A warrant is now required for a law enforcement agency to obtain, receive or use data derived from the use of UAS. 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. Prohibits UAS from photographing any place of incarceration without prior permission. The bill creates several new crimes: using UAS to interfere with manned aircraft, a class H felony; possessing an unmanned aircraft with an attached weapon, a class E felony; the unlawful fishing or hunting with UAS, a class 1 misdemeanor; harassing hunters or fisherman with a UAS, a class 1 misdemeanor; unlawful distribution of images obtained with a UAS, a class 1 misdemeanor for; and operating a UAS commercially without a license, a class 1 misdemeanor. Seven statesAlaska, Nevada, New Jersey, North Carolina, Ohio, Oregon and Washingtonestablished UAS programs or appropriated funds. https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-206/, Read this complete Utah Code Title 76. The unlawful surveillance provisions do not apply to individuals operating a drone for commercial or agricultural purposes or to emergency management workers using a drone in their duties. 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 Appropriates $125,000 annually to support the expansion of an unmanned aviation STEM program for high school students. It also creates the offense of reckless interference with an aircraft through certain uses of UAS. Pennsylvaniaadopted a resolution (HR 172) urging the U.S.Department of Defense to reconsider the rank of a new medal recognizing military achievement in combat drone operations. The law also requests that the state's legislative council study digital privacy during the 2014 interim. 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