Contains an effective date of Jan. 1, 2021. Three statesCalifornia, Indiana and Tennesseeadded UAS-related privacy protections. Prohibits UAS from observing, viewing, photographing, filming or videotaping a person in a place where such person has a reasonable expectation of privacy. Prohibits UAS to interfere with the official duties of the following: Outlines felony offenses for using UAS to interfere with certain facilities or causing UAS to hover over a facility designated on the federal registry. Exempts UAS operating in a mosquito abatement district during the scope of its work. Makes it a misdemeanor offense to operate UAS to direct a laser at an aircraft, crash into aircraft, or prevent takeoff or landing of an aircraft. Makes it a Class B misdemeanorto operate UAS over a critical infrastructure facility if the UAS is not more than 400 feet off the ground. Creates an offense for using or threatening to use UAS in order to obstruct public safety personnel and related operations. Three statesFlorida, Massachusetts and Virginiaappropriated funds for UAS-related certifications, programs and public-private partnerships. Remote ID would assist the FAA, law enforcement, and federal security agencies in identifying when a drone appears to be flying in an unsafe manner or where the drone is not allowed to fly. Three statesAlaska, North DakotaandUtahhave adopted resolutions addressing UAS this year. Possession of a weaponized drone is a class H felony. https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-6-206/, Read this complete Utah Code Title 76. Prohibits localities from regulating UAS, except when the regulated drone belongs to the locality. In 2015, 45 states considered 168 bills related to drones: In 2014, 35 states considered UAS or UAV (also commonly called drones) bills and resolutions; 10 states enacted new laws. 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. 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. Adds structures used as part of telecommunications services, animal feeding operations, and a number of facilities related to oil and gas to the definition of critical infrastructure as it relates to UAS operation. Oklahoma:Report of the Governors Unmanned Aerial Systems Council: 2015. The potential for significant effect comes from the bills requirement that these drones be considered air carriers. States are currently preempted, due to provisions in the Airline Deregulation Act, from regulating the route of an air carrier, meaning they would have limited, if any, ability to prevent drones from operating in certain areas or at specific times of the day. WebCriminal trespass A. The law also authorizes the University of Alaska to develop a training program for operating UAS. The FAA has previously stated that only once remote ID requirement is fully implemented will drones be able to expand operations beyond current limitations, which require operations not beyond the visual line of sight of the operator and only during daytime, unless granted a specific waiver from the FAA. Appropriates $500,000 to the Department of Transportation for its UAS program. The law also prohibits the use of UAS over private property in a manner that intentionally, knowingly or recklessly harasses of annoys the owner or occupant of the property. Three statesKentucky, Oregon and West Virginiaprohibited equipping UAS with deadly payloads. Criminal trespass on Westlaw. The first would require the drone to both broadcast its identity on a radio frequency that can be monitored nearby as well as communicate its operational information via the internet to a Remote ID UAS Service Supplier (USS). Finally, the proposed rule would require that any drone operating under category two or three be labeled and identified as such. Modifies the law prohibiting UAS weaponization, making it a class C felony to fire a bullet or projectile from a weaponized UAS. At the end of the year, 13 states had enacted 16 new laws and 11 states had adopted 16 resolutions. In addition, the law extends the states current regulatory framework, administered by the chief information officer, for state use of UAS from July to December 31, 2015. (b)Remain unlawfully, as that term relates to an unmanned aircraft, means remaining on or over private Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part I > Chapter 103 - Robbery and Burglary, U.S. Code > Title 18 > Part I > Chapter 105 - Sabotage, U.S. Code > Title 18 > Part I > Chapter 113 - Stolen Property, U.S. Code > Title 18 > Part I > Chapter 31 - Embezzlement and Theft, California Codes > Penal Code > Part 1 > Title 13 - OF CRIMES AGAINST PROPERTY, Connecticut General Statutes > Chapter 941 - Offenses Against Private Property, Florida Statutes > Chapter 812 - Theft, Robbery, and Related Crimes, Florida Statutes > Chapter 818 - Sale of Mortgaged Personal Property; Similar Offenses, Florida Statutes > Chapter 832 - Violations Involving Checks and Drafts, Illinois Compiled Statutes > Chapter 720 > Offenses Against Property, Missouri Laws > Chapter 569 - Arson, Burglary, Trespass, and Related Offenses, Missouri Laws > Chapter 570 - Robbery, Stealing and Related Offenses, New York Laws > Penal > Part 3 > Title I - Offenses Involving Damage to and Intrusion Upon Property, Tennessee Code > Title 39 > Chapter 14 - Offenses Against Property, Texas Penal Code > Title 7 - Offenses Against Property, intrusion of any physical object under control of the actor. Copyright 2023, Thomson Reuters. Section 76-6-206 - Criminal trespass. It defines critical infrastructure to include a number of energy installations and wireless communications facilities. 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. In the past few years, the Federal Aviation Administration has taken a number of steps to further bring UAS operations into the mainstream, although a few key ones remain. All rights reserved. The law specifies that these provisions do not apply to commercial operators in compliance with FAA regulations. 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. 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. Authorizes the program to provide training, conduct testing and develop safety guidelines. Prohibits localities from regulating UAS except during special events and when the UAS is used by the locality. It also prohibits the operation of UAS in a reckless manner that creates a serious risk of physical injury or damage to property. Allows regulation of the launch or landing of UAS on public property by the state or local government. Allows commercial airports to prepare unmanned aircraft facility maps. She was charged with CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT. (b)the actor complied with all lawful conditions imposed on access to or remaining Allows UAS for recreational use in state parks, state forests and rail trails. Allows UAS operation that is consistent withfederal law. Prohibits UAS from transferring or delivering medical cannabis. The law also creates two new crimes; possession of a weaponized drone and use of a drone. Use of a drone creates a class A misdemeanor for a person who, with intent, observes another individual in a place where they have a reasonable expectation of privacy. (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. 2023 by National Conference of State Legislatures, Research Report: Privacy Protections Implied by the Domestic Use of Unmanned Aerial Vehicles or Drones, UAS and Maryland: Opportunity and Accountability, Report to the 2014 Session of the 2013 General Assembly of North Carolina, Status of the Unmanned Aircraft Systems (UAS) Program and Status of the Beyond Visual Line of Sight UAS Program. The federal government is the primary regulator of aircraft operations and exerts significant control over the regulation of drones. Allows the use of UAS to photograph or take video of a traffic crash site. Seven states adopted resolutions to recognize the benefits of a thriving UAS industry in their state;Alabama(HR 381),California(AJR 6, SCR 16),Georgia(HR 80, HR 81, SR 172),Idaho(SCR 103),Michigan(HR 280, HR 87),North Dakota(HCR 3012),Nevada(SCR 7). Enter means intrusion of the entire body or the entire unmanned aircraft. Section 379 requires the FAA to make available to the public, through a database, information regarding government and commercial operators authorized to operate UAS in the national airspace. Directs the DA to develop rules and regulations specific to takeoffs and landings with representatives of the UAS industry, small- and medium-sized businesses, and localities. Two other sections impacting how states and drones interact are sections 346 and 379. NCSL works in cooperation with the National Highway Traffic Safety Administration to bring you up to date, real-time information about traffic safety bills that have been introduced in the 50 states and the District of Columbia. Charge Description: FALSE PERSONAL INFO W/INTENT TO BE ANOTHER ACTUAL PERSON; Charge Description: CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT; Charge Description: FAIL TO APPEAR ON CITATION ** This post is showing arrest information only. The task force will prepare recommendations for the use of UAS in the state. This information does not infer or imply guilt of any (2) Operate in a manner which places another person in reasonable fear of bodily injury. The bill specifies certain restrictions on the use of UAS by law enforcement and public agencies and requires the creation of a registry of all UAS operated by public agencies in the state. 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