The proposed bill establishes two new crimes related to the unlawful use of unmanned aircraft: the general unlawful use of an unmanned aircraft and the unlawful use of such aircraft near critical infrastructure facilities. Under the new law, operating an unmanned aircraft to capture images of individuals, private property, or critical infrastructure with the intent to conduct surveillance is classified as a misdemeanor. However, if the captured images are used in connection with a felony or involve confidential information, the offense escalates to a fourth-degree felony. Additionally, operating an unmanned aircraft in proximity to critical infrastructure that interferes with its operations or makes contact with it is also classified as a fourth-degree felony.
The bill outlines several exceptions to these offenses, including instances where consent is given, images are captured by authorized agencies, or for legitimate commercial purposes. Other exceptions include capturing images under a valid warrant, for academic research, by licensed professionals in their respective fields, or by insurance company employees in relation to property claims. The bill also defines key terms such as "critical infrastructure facility," "image," and "unmanned aircraft" to clarify the scope of the law.