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S06306 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6306 IN SENATE (Prefiled) January 6, 2016 ___________ 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