UtahenactedSB 167, regulating the use of UAS by state government entities. Amended by Chapter 87, 2022 General Session. 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. It becomes a class B felony if serious physical injury is caused to another person. Booking Date: Makes it a felony offense, rather than a misdemeanor, to operate UAS over a critical infrastructure facility. For example, electrical systems, petroleum refineries, certain manufacturing facilities, chemical storage facilities, water treatment facilities, utilities transmission infrastructure and railroads. Beginning in the 2013 legislative session, state lawmakers have frequently considered many pieces of legislation addressing UAS. Prohibits UAS over a correctional facility. Prohibits using UAS to interfere with or harass an individual who is hunting. All persons displayed here are innocent until proven guilty in a court of law. 9Dr2@ mDFL@Yv10RDg`l The federal government is the primary regulator of aircraft operations and exerts significant control over the regulation of drones. Permits the creation of rules governing the use of UAS in the Capitol Complex and provides that a violation of those rules is a Class B misdemeanor. Allows law enforcement or fire department personnel to disable the UAS if it endangers the public or an officer's safety. 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. violation is committed in a dwelling, in which event the violation is a class A misdemeanor. Illinois: Unmanned Aerial System Oversight Task Force. Specifies that UAS operations by law enforcement, fire departments, or other local and state government entities shall not be prohibited for the following: Traffic crash documentation or reconstruction. Trespass with an unmanned aircraft system; penalty. The law also applies the operation of UAS to limitations within restraining orders and specifies that convictions under the law are separate from other convictions such as harassment, stalking, and invasion of privacy. Lee County Mosquito Control District, Florida, North Carolina Department of Transportation. Unlawful entry into or concealment within a vehicle. 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 HB 1009creates warrant requirements and exceptions for the police use of unmanned aircraft and real-time geo-location tracking devices. Makes it a crime to operate UAS to harass another person on private property, invade the privacy of another person or violate a domestic violence protective order. The legislation defines special event.. Makes it a misdemeanor to interfere with the activities of first responders during an emergency. 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. | Recently Booked | Arrest Mugshot | Jail Booking Utah for CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT. Appropriates $125,000 annually to support the expansion of an unmanned aviation STEM program for high school students. It also pre-empts any locality from regulating UAS. 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. 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. Reorganizes existing laws addressing UAS. The law addresses the launch and recovery sites of UAS, prohibiting their launch or recovery from any State or private property without consent. 3505. The bill gives the secretary of Homeland Security and U.S. attorney general the authority to destroy or overtake a drone that has violated protected airspace or is otherwise posing a threat to the safety or security of the United States. 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. 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 Possession of a weaponized drone is a class H felony. Illinois, On April 3, 2013,Virginiaenacted the first state drone laws in the country with the passage of. 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 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. 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. Appropriates $2 million over two years from the general fund for the Virginia Center for Unmanned Systems (Center), which shall serve as a catalyst for growth of UAS in the commonwealth. The FAA would make a list publicly available of the drones that are compliant with any of the three categories as their manufacturers provide the necessary documentation proving their compliance. For example, a conviction for trespassing may result in a fine of as little as $25 or as much as $1,000. (iii) is reckless as to whether the person's or unmanned aircraft's presence will cause fear for the safety of another; (b) knowing the person's or unmanned aircraft's entry or presence is unlawful, the person enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given by: (i) personal communication to the person by the owner or someone with apparent authority to act for the owner; (ii) fencing or other enclosure obviously designed to exclude intruders; or, (iii) posting of signs reasonably likely to come to the attention of intruders; or. Indianaadopted a resolution (SR 27) urging their legislative council to study UAS issues. Adds intentionally crossing a police cordon using a drone to the crime of obstructing an officer. Connecticut:Office of Legislative Research. Prohibits certain operation of UAS, including operation in violation of FAA regulations and operation that interferes with first responders. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Makes it a trespass offense for operating UAS over key infrastructure assets, defined as petroleum refineries, chemical manufacturing or storage facility, railroad yards and tunnels, drinking water facility, military facilities and wireless communication facilities. Three statesAlaska, North DakotaandUtahhave adopted resolutions addressing UAS this year. The new law provides standards for law enforcements collection, use, storage, deletion and maintenance of data. endstream endobj startxref Three statesKentucky, Oregon and West Virginiaprohibited equipping UAS with deadly payloads. 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. The offense of public safety remote aerial interference occurs when someone operated a UAV in a way that is intended to obstruct or interfere with a public safety official in the course of their duties. Makes it a class B misdemeanor to operate a UAS within a certain distance of a wildfire. Trespass upon church or school property 18.2-130. Unlawful surveillance is a class 1 misdemeanor. 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. Prohibits the operation of UAS within 400 feet of a critical infrastructure facility, as defined in the law. It requires that the director of UAS make recommendations regarding state laws and rules that balance privacy concerns and the need for robust UAS economic development in the state. He was charged with CRIMINAL TRESPASS KNOWING UNLAWFUL PERSON/UNMANNED AIRCRAFT. At least 38 states considered legislation related to UAS in the 2017 legislative session. It requires law enforcement agencies to adopt procedures that ensure: the appropriate Federal Aviation Administration flight authorization is obtained; UAS operators are trained and certified; a record of all flights is kept and there is an opportunity for community involvement in the development of the agencies procedures. Previously, localities were preempted from regulating UAS. Prohibits using UAS to interfere with wildfire suppression efforts. Pennsylvania'sresolution directs the Joint State Government Commission to conduct a study on the use of UAS by state and local agencies. Gives exclusive regulatory authority over UAS to the state of Rhode Island and the Rhode Island Airport Corporation, subject to federal law. Additionally, section 351 codifies the existing unmanned aircraft integration pilot program (IPP) created by the Department of Transportation (DOT) last year (more information below). States that the department shall not charge UAS registration fees to educational institutions. In addition, the law authorizes different types of infrared and thermal imaging technology for certain commercial and private purposes including the evaluation of crops, mapping, scientific research and forest management. Utah Criminal Code 76-6-206. Provides that the provisions do not apply to personnel acting within the scope of employment or a person with prior approval. Defines drone as a powered aerial vehicle without a human operator that can fly autonomously or be piloted remotely. 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 UAS may be used by law enforcement to reconstruct an accident scene. 15A-300.1, entitled restrictions on use of unmanned aircraft systems. The statute generally prohibits anyone from conduct [ing] surveillance of a person, an occupied dwelling or its curtilage, or The bill specifies that UAS operators cannot operate, take off or land in areas designated by an airports map. It also requires law enforcement to create an official record when using UAS that provides information regarding the use of the drone and any data acquired. Directs the Secretary of Commerce and Trade, in consultation with the Virginia Economic Development Partnership, to study UAS, as well as innovation and economic development. (c)the person enters a condominium unit in violation of Subsection 57-8-7(8). The law also creates the offense of remote aerial harassment. All of these offenses are class A misdemeanors. Iowa:Department of Public Safety,Unmanned Aerial Vehicle Legislative Report, Dec. 2014. Two other sections impacting how states and drones interact are sections 346 and 379. 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. One of the committees duties is to research and develop aviation technology including unmanned aerial vehicles. Operators would be required to follow any instructions included by the manufacturer for operations over people, while the FAA would also continue its current process for issuing waivers to these proposed and the existing requirements on drone operations outlined above. Prohibits UAS operation over correctional and detention facilities. Provides that recordings obtained from UAS to show the commission of an offense related to setting off fireworks or other aerial devices shall be exempt from the requirement of authentication by one or more witnesses. 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. 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. A second offense can be punished by a fine up to 1000 dollars and one-year imprisonment. She was 30 years old on the day of the booking. Similarly, section 366 also requires the FAA to develop a comprehensive strategy to provide outreach to state and local governments and provide guidance for local law enforcement agencies and first responders with respect to how to identify and respond to public safety, threats posed by UAS and how to identify and take advantage of opportunities to use UAS to enhance the effectiveness of local law enforcement agencies and first responders. Five other statesAlaska, Georgia, New Mexico, Pennsylvania and Rhode Islandadopted resolutions related to drones. (b) A violation of Subsection (2)(c) is an infraction. Copyright 2023. Three statesHawaii, Montana and Virginiaspecified instances in which evidence obtained from UAS may be used and in which UAS may be used by law enforcement. 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. 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. Virginia'sgovernor signed an executive order establishing a commission on unmanned systems. 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. Requires a person who intends to operate UAS to register with the area superintendents office prior to operating. Georgias resolution established a House study committee on the use of drones. It also makes it a criminal offense to operate a UAS in a way that interferes with a first responder actively engaged in response and to use a UAS to take wildlife. The law makes it a class B misdemeanor to fly a UAS that carries a weapon or has a weapon attached. Appropriates $348,000 to assess the use of UAS in natural resource monitoring of moose populations and changes in ecosystems. Expands the definition of harassment in the Protection from Stalking Act to include certain uses of UAS. Makes it a criminal offense to operate UAS over correctional facilities or over grounds belonging to or land controlled by such facility without written consent. Rhode Island'sresolution created a legislative commission to study and review the regulation of UAS. In 2014, the legislature enacted G.S. The bill also requires a study on specified benefits. The law creates a civil cause of action for those whose privacy is violated. For purposes of this section "airport property" means property that is under the control of or is being used by Adds the use of UAS to the crimes of voyeurism, video voyeurism and peeping tom. (a) "Enter" means intrusion of the entire body or the entire unmanned aircraft. The law also creates the unmanned aircraft systems task force to develop statewide policy recommendations on the operation, use, and regulation of UAS in the state. The law enables law enforcement to use UAS pursuant to a warrant, to counter an act of terrorism, to oversee public gatherings, or gather information in a public space. It also preempts local regulation of UAS and exempts UAS from aircraft registration in the state. Any person who knowingly and intentionally causes an unmanned aircraft system to (i) enter the property The new law defines the unlawful use of an unmanned aircraft system as the intentional use of a UAS to conduct surveillance of a targeted facility without the owners ,6w ["b2csZT-\^G%$:+:hjf& - R`cFv[&vI,SWiQ0{L3Sh160n"fd``c[% " ` + Allows a law enforcement agency to use an unmanned aircraft system to collect data at a testing site and to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy. WebUnder this law, law enforcement may use a drone if they obtain a warrant, there is a terrorist threat, or swift action is needed to prevent loss of life or to search for a missing person. Allows an institution of higher education, or school district, to use UAS for educational, research or testing purposes. Utah Criminal Code 76-6-206. This legislation is a response to the use of UAS by the paparazzi. WebThis part is known as Unlawful Use of Unmanned Aircraft. Section 302: Reserved. 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. (b) the actor complied with all lawful conditions imposed on access to or remaining on the property. It is a class H felony to use UAS to deliver a weapon to a correctional facility, subject to a $1,500 fine. Appropriates $400,000 for UAS to detect invasive pythons. Section 76-6-206 - Criminal trespass. 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. You can explore additional available newsletters here. A person is guilty of an offense if, knowing that the person is not licensed or privileged to do so, the person: a. Forcibly enters a vehicle, vessel, or aircraft; b. Enters a vehicle, vessel, or aircraft, without the use of force, with intent to commit a crime; or Requires adopted ordinances or regulations to be reported to the DA, along with a summary published on the localitys website. Beginning in the state and the Rhode Island Airport Corporation, subject to federal law Rhode Islandadopted resolutions related UAS. This site does not charge UAS registration fees to educational institutions commission on systems! Of legislation addressing UAS criminal trespass knowing unlawful person unmanned aircraft develop aviation technology including unmanned aerial vehicle without a human that. Of Rhode Island Airport Corporation, subject to federal law department personnel to disable UAS. 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