Bill > A4989

Introduced Session

This bill amends current law to clarify that the crimes of invasion of privacy and trespassing also include the use of unmanned aircraft systems. Current statutory law governing the crimes of invasion of privacy and trespassing does not explicitly address violations which involve the use of an unmanned aircraft system, commonly referred to as a drone. This bill amends statutory law to explicitly provide that a person who uses a drone to commit a violation under the relevant statute also commits a crime. The bill also expands the affirmative defenses available to a person accused of trespass to include a person: (1) who used an unmanned aircraft system to commit the act; (2) was operating the unmanned aircraft system for legitimate commercial or educational purposes in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations; and (3) the act was solely incidental to the lawful commercial or educational use of the unmanned aircraft system. In addition, the bill defines "operate" to mean to fly, control, direct, or program the flight of an unmanned aircraft system. "Unmanned aircraft" is defined as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. "Unmanned aircraft system" is defined under the bill to mean an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.

AI Summary

Committee Categories

Lisa Swain (D)*,  Chris Tully (D)*,  Benjie Wimberly (D)*,  Robert Karabinchak (D), 

Reported out of Assembly Committee, 2nd Reading (on 11/18/2019)