Bill > SB1892

This bill creates new criminal offenses related to the use of unmanned aircraft, commonly known as drones, in Tennessee. Specifically, it makes it illegal to use a drone to capture images of individuals or private property with the intent to conduct surveillance, and also prohibits the knowing use of such illegally captured images. An "image" is broadly defined to include visual, thermal, infrared, ultraviolet, or other electromagnetic recordings, as well as sound waves or odors. An "unmanned aircraft" is defined as any airborne device operated without a person on board. The bill outlines numerous exceptions where capturing images with a drone is lawful, including for research by higher education institutions, military operations, utility maintenance, law enforcement purposes under specific conditions, fire suppression, rescue operations, and for marketing real estate if no individual is identifiable. It also establishes penalties for these offenses, ranging from a Class C misdemeanor for the initial illegal use to a Class B misdemeanor for possessing or disclosing an illegally captured image, and a Class A misdemeanor for aggravated surreptitious commercial surveillance, which involves distributing illegally obtained images under false pretenses. Furthermore, images captured in violation of these provisions generally cannot be used as evidence in legal proceedings, with the exception of proving a violation of this new law itself. The bill also amends existing law to clarify that causing a drone to enter airspace above private land not regulated as navigable airspace by the Federal Aviation Administration constitutes trespassing.