Bill > HF388

Introduced Session

GENERAL. This bill prohibits the use of remotely piloted aircraft (RPA) flying over a homestead or that part of a farmstead where agricultural animals are kept (secured farmstead area). TERMS. An RPA refers to a self-propelled vehicle used for navigation and flight, is controlled by the use of an electronic system, and is not designed to carry a human. A homestead includes a dwelling owned or leased by a person that is used as the principal residence for a person and includes up to 400 feet of surrounding property owned or leased by that person. A secure farmstead area refers to an open feedlot, building, or other structure and includes up to 400 feet of surrounding property. A surveillance device refers to a camera or electronic equipment that transmits or records images, sounds, or data; and that is capable of reasonably identifying an individual, agricultural animal, or unique physical characteristics of land or an improvement. CRIMINAL OFFENSES. The bill creates two related criminal offenses. A person commits intrusion by the use of an RPA (intrusion) by knowingly controlling the flight of an RPA over a homestead or secure farmstead area and a person commits surveillance by the use of an RPA (surveillance) by controlling the flight of an RPA equipped with a surveillance device over those same locations. In each case, a criminal penalty is enhanced if a person has been previously convicted of either offense. In the case of a person committing intrusion, the penalty is a simple misdemeanor subject to an enhanced penalty of a serious misdemeanor and in the case of a person committing surveillance the penalty is a serious misdemeanor subject to an enhanced penalty of an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. INJUNCTIVE RELIEF —— HARASSMENT. An owner or lessee of a homestead or secure farmstead area may bring a case in district court as a petitioner in equity seeking to obtain a temporary injunction to prevent the other party as the respondent from harassing the petitioner by controlling the flight of an RPA over the petitioner’s homestead or secure farmstead area. The temporary injunction is for not more than two years but is subject to a court ordered continuance. A successful petitioner may be awarded court costs, attorney fees, and expenses. EXCEPTIONS. The bill’s provisions do not apply to a number of persons including a person acting with the consent of the owner of the homestead or secure farmstead area, a unit of government, a public utility, a person who controls the flight of an RPA more than 400 feet from the earth’s surface, or a person who controls the flight of an RPA for the purpose of collecting information regarding weather or climate conditions.

AI Summary

Committee Categories

Derek Wulf (R)*, 

Withdrawn. H.J. 805. (on 04/11/2023)

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Official Document