STATE OF NEW YORK
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6306
IN SENATE(Prefiled)
January 6, 2016
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Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful use of a drone
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.00 of the penal law is amended by adding three
2 new subdivisions 7, 8 and 9 to read as follows:
3 7. "Drone" means an unmanned aircraft which is operated remotely with-
4 out the possibility of direct human intervention from within or on the
5 aircraft.
6 8. "Restricted airspace" means any airspace over the property of a
7 correctional facility as defined in section forty of the correction law
8 or airspace within five miles of an airport.
9 9. "Personal use" means the operation of a drone solely for the
10 purpose of pleasure or recreation.
11 § 2. The penal law is amended by adding a new section 240.80 to read
12 as follows:
13 § 240.80 Unlawful use of a drone.
14 A person is guilty of unlawful use of a drone when during the personal
15 use of such drone, except as otherwise provided by federal law, he or
16 she knowingly operates a drone:
17 1. more than four hundred feet above ground level; or
18 2. weighing more than ten pounds; or
19 3. without a visual line of sight of such aircraft; or
20 4. within a restricted airspace; or
21 5. in a reckless manner wherein such operation creates a risk of harm
22 to the public; or
23 6. with the intent to harass or annoy an individual or individuals; or
24 7. below one hundred feet above ground level on private property with-
25 out the owner's consent.
26 Unlawful use of a drone is a violation.
27 § 3. This act shall take effect on the first of November next succeed-
28 ing the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02681-06-5
