OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 450 Bill Analysis
135th General Assembly
Click here for H.B. 450’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Lampton and Young
Effective date:
Margaret E. Marcy, Attorney
SUMMARY
 Prohibits voyeurism, criminal trespass, aggravated trespass, and criminal trespass on a
place of public amusement using an unmanned aerial vehicle system.
 Applies the current law penalties to the new offenses.
DETAILED ANALYSIS
Use of an unmanned aerial vehicle
An unmanned aerial vehicle, or UAV (commonly known as a drone), is a powered, aerial
vehicle to which all of the following apply:
 It does not carry a human operator and is operated without the possibility of direct
human intervention either within or on the vehicle;
 It uses aerodynamic forces to provide lift;
 It can fly autonomously or be piloted remotely; and
 It is either expendable or recoverable.
An unmanned aerial vehicle system (UAVS) consists of both the UAV and the associated
elements, including communication links and the components that control the UAV.1 While
federal laws, enforced by the Federal Aviation Administration (FAA), regulate the operational
safety and licensing requirements for UAVS, state and local laws may regulate and control other
elements of their use, such as privacy concerns.2 The bill creates statewide criminal prohibitions
related to trespass with a UAV and UAVS.
1 R.C. 2911.21(F)(6) and (7).
2 49 United States Code 40103.
May 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
Trespass offenses
Current law generally prohibits a person from entering or remaining on the land or
premises of another person, unless granted permission to do so.3 Under common law, property
ownership of land and premises includes the surface land and its buildings, all of the minerals
below the land’s surface, and the airspace above the land’s surface.4 Under that principle, a
person would not be able to fly his or her UAV into airspace that is a part of another’s premises
without permission. However, trespass with a UAV is not included explicitly under current
statutory law. The following table describes the various criminal trespass offenses where the
bill specifically prohibits a person from using a UAV in order to commit a trespass and applies
the current law penalties to that trespass.
Trespass prohibitions
Offense Prohibition Penalty
“Voyeurism” (B) For the purpose of sexually Third degree misdemeanor
arousing or gratifying oneself, commit
R.C. 2907.08
trespass or otherwise surreptitiously
Bill adds “including invade the privacy of another person,
through the use of a to spy or eavesdrop upon that person;
UAVS”
(C) Knowingly commit trespass or Second degree misdemeanor
otherwise secretly or surreptitiously
videotape, film, photograph,
broadcast, stream other otherwise
record another person, in a place
where the person has a reasonable
expectation of privacy, for the
purpose of viewing the private areas
of that person;
(D) Same as (C) above, but when the Fifth degree felony
person recorded is a minor; and
(E) Secretly or surreptitiously First degree misdemeanor
videotape, film, photograph, or
otherwise record another person
above, under, or through the clothing
3 R.C. 2911.21.
4 “It is ancient doctrine that at common law ownership of the land extended to the periphery of the
universe… [However,] the air is a public highway, as Congress has declared. Were that not true, every
transcontinental flight would subject the operator to countless trespass suits.” United States v. Causby.
328 U.S. 256, 260-261, (1946). That case held that “Flights over private land are not a taking, unless they
are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of
the land” (see at 266), implying that lower airspace still belongs to the surface owner.
P a g e |2 H.B. 450
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Trespass prohibitions
Offense Prohibition Penalty
being worn by that other person, for
the purpose of viewing the body of, or
the undergarments worn by, that
other person.
“Criminal trespass” (1) Knowingly enter or remain above Fourth degree misdemeanor
the land or premises of another
R.C. 2911.21(A)
through use of a UAVS;
The listed offenses only
apply if the person was (2) Knowingly enter or remain above Fourth degree misdemeanor
not given permission by the land or premises of another
the landowner through use of a UAVS when the use
of such land or premises in lawfully
restricted to certain persons,
purposes, modes, or hours, and the
offender either knows the restriction
or is reckless in violating the
restriction;
(3) Recklessly enter or remain above Fourth degree misdemeanor
the land or premises of another
through use of a UAVS, when notice
against unauthorized access or
presence to such land or premises is
given by actual communication to the
offender, or by signs/fences/other
legal means that make it clear access
is restricted;
(4) Being above the land or premises Fourth degree misdemeanor
of another through use of a UAVS and
negligently failing or refusing to leave
after being notified by the owner, the
owner’s agent, or signage to leave;
and
(5) Knowingly enter or remain above a First degree misdemeanor
critical infrastructure facility through
use of a UAVS
“Aggravated trespass” (1) Enter or remain above the land or First degree misdemeanor
premises of another through use of a
R.C. 2911.211(A)
UAVS with the purpose of committing
a misdemeanor offense that involves
causing physical harm to another
person or causing the other person to
P a g e |3 H.B. 450
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Trespass prohibitions
Offense Prohibition Penalty
believe that the offender will cause
them physical harm; and
(2) Enter or remain above a critical Third degree felony
infrastructure facility through use of a
UAVS with the purpose to destroy or
tamper with the facility.
“Criminal trespass on a (B) Without permission, knowingly First degree misdemeanor, plus
place of public enter or remain above the land or potentially 30 to 120 hours of
amusement”5 premises of any restricted portion of a supervised community service
place of public amusement through
R.C. 2911.23
the use of a UAVS and, as a result,
interrupt or cause the delay of the
activity taking place at that place
(if notice requirements are met).
HISTORY
Action Date
Introduced 03-20-24
ANHB0450IN-135/sb
5 “Place of public amusement” means a stadium, theater, or other facility at which a live performance,
sporting event, or other activity takes place for public entertainment. R.C. 2911.23(A)(1).
P a g e |4 H.B. 450
As Introduced