Web(2) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she intentionally causes an electronic device, such as Public events where there is a heightened risk to public safety or to collect information if there is reasonable suspicion of criminal activity. 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. %%EOF Regulates the use of drones by law enforcement and requires law enforcement to annually report on the use of drones by the department. The law makes it a class B misdemeanor to fly a UAS that carries a weapon or has a weapon attached. The remote ID is the ability of a drone to provide identifying information that can be received by other parties during operations. Allows UAS to be used to assess the presence of obstructions for the purpose of maintaining clearances of utility easements. Appropriates $348,000 to assess the use of UAS in natural resource monitoring of moose populations and changes in ecosystems. Cite this article: FindLaw.com - Utah Code Title 76. It specifies that this does not apply to law enforcement and a violation is a Class B violation. Defines terms related to UAS, including drone and small unmanned aircraft systems.. A second offense can be punished by a fine up to 1000 dollars and one-year imprisonment. 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. Three statesCalifornia, Indiana and Tennesseeadded UAS-related privacy protections. Virginia:Department of Criminal Justice Services, Congressional Research Service Report |". It defines critical infrastructure to include a number of energy installations and wireless communications facilities. The first,SB 1777, makes it a class C misdemeanor for any private entity to use a drone to conduct video surveillance of a person who is hunting or fishing without their consent. ` 8= The law specifies that the commission does not have the power to regulate unmanned aircraft operation in navigable airspace. Directs the Office of Economic Development to establish a UAS program, including UAS registration. 149 0 obj <>stream 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. Makes it a felony offense to operate UAS with lethal weaponry, as well as intentionally disrupting the flight of a manned aircraft with UAS. It also modifies the offense of voyeurism, a class B misdemeanor, to include the use of any type of technology, including UAS, to secretly record video of a person in certain instances. Additionally, section 376 requires the FAA to establish a pilot program to begin more thoroughly utilizing remote detection and identification of drones, which includes a mechanism for state law enforcement officials to report the suspected operation of unmanned aircraft in violation of applicable federal laws and regulations. The law creates a civil cause of action for those whose privacy is violated. It is a class I felony to use UAS to deliver contraband, subject to a $1,000 fine. It also preempts local regulation of UAS and exempts UAS from aircraft registration in the state. 0 Georgias resolution established a House study committee on the use of drones. Appropriates $125,000 annually to support the expansion of an unmanned aviation STEM program for high school students. Placing another person in reasonable fear of bodily injury. Urges Congress and the President to fund the Federal Aviation Administrations Drone Test Site Program so that test sites more effectively support drone integration into the national airspace system and ensure that the United States becomes a world leader in civil and commercial drone technology. Perhaps you and a trusted colleague have finally decided to act on your long awaited dreams to Pennsylvania:Joint State Government Commission. 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. The report is required to address several issues including, the scope of various jurisdictions, gaps among them, and the level of regulatory consistency needed to foster a financially viable unmanned aircraft industry. GAO has not yet issued the final version of the report. Appropriates funds that can be used to focus on research and development efforts related to UAS by state educational institutions. The law addresses the launch and recovery sites of UAS, prohibiting their launch or recovery from any State or private property without consent. Requires adopted ordinances or regulations to be reported to the DA, along with a summary published on the localitys website. 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. Four statesDelaware, Louisiana, Pennsylvania and West Virginiaprohibited UAS harassing people. Oklahoma:Report of the Governors Unmanned Aerial Systems Council: 2015. Prohibits localities from regulating UAS, except when the regulated drone belongs to the locality. SB 1892makes it a Class C misdemeanor for a person to use UAS to intentionally conduct surveillance of an individual or their property. endstream endobj 119 0 obj <. ** This post is showing arrest information only. Allows a political subdivision that prohibits the operation of nonemergency motor vehicles to enact and enforce an ordinance, regulation or resolution, under certain circumstances, to prohibit the knowing and intentional operation of UAS in a manner that interferes with the safe use of a horse in certain commercial activities. WebWhat is the current Texas law about Criminal Trespass?. 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). 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. 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. 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. Prohibits UAS specifically designed or modified to cause, and is presently capable of causing, serious physical injury. The current Texas law defines the offense of Criminal Trespass in Penal Code Section 30.05 as follows: (a) A person Enter means intrusion of the entire body or the entire unmanned aircraft. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization. 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. Previously, localities were preempted from regulating UAS. It requires the operator to hold a remote pilot certificate, and the drone to remain within the visual line of sight of the operator or a visual observer, as well as prevents operations from taking place either over people, who are not participating in the operation of the drone or at nighttime. The new law provides standards for law enforcements collection, use, storage, deletion and maintenance of data. The federal government is the primary regulator of aircraft operations and exerts significant control over the regulation of drones. (ii) the person operating the unmanned aircraft is not otherwise authorized to fly the unmanned aircraft over the private property or any portion of the private property. Prohibits certain operation of UAS, including operation in violation of FAA regulations and operation that interferes with first responders. The rule proposes three options for a drone to comply with the Remote ID requirement. The law also authorizes the University of Alaska to develop a training program for operating UAS. It is also a class A misdemeanor to commit remote aerial voyeurism. It becomes a level 6 felony if the person publishes the images, makes them available on the internet or shares them with another person. 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. 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. (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. At least 38 states considered legislation related to UAS in the 2017 legislative session. Copyright 2023. OhioenactedHB 292creating the aerospace and aviation technology committee. If a law enforcement agency uses UAS, the measure requires that agency submit an annual report on their use to the Department of Public Safety and also to publish the report on the individual agencys website. Prohibits UAS from transferring or delivering medical cannabis. Prohibits UAS from photographing any place of incarceration without prior permission. 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 Any person who knowingly and intentionally causes an unmanned aircraft system to (i) enter the property Clarifies a person operating a UAS assumes full responsibility and liability. In 2018, at least 19 statesArizona, California, Colorado, Delaware, Kansas, Kentucky, Louisiana, Michigan, New Jersey, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia and Wisconsinenacted 31 UAS bills. Seven statesAlaska, Nevada, New Jersey, North Carolina, Ohio, Oregon and Washingtonestablished UAS programs or appropriated funds. Although only in proposed form, with no specific timeline for finalization, the publication represents an important step for the development of the technology. 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. IllinoisenactedSB 2937creating regulations for how law enforcement can obtain and use information gathered from a private partys use of UAS. (a)Enter means intrusion of the entire body or the entire unmanned aircraft. At least eight statesFlorida, Idaho, Massachusetts, Minnesota, Missouri, South Dakota, Vermont and Virginiaenacted 11 pieces of legislation in 2020 addressing unmanned aircraft systems (UAS), commonly known as drones. Since 2013, at least 44 states have enacted laws addressing drones and an additional three states have adopted resolutions. 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