STATE OF NEW YORK
________________________________________________________________________
3597--B
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
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Introduced by M. of A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, MARKEY,
SIMOTAS, STECK, STIRPE, DINOWITZ, MOSLEY, MONTESANO, McDONOUGH,
GUNTHER, CROUCH, COLTON, PEOPLES-STOKES, GALEF, LINARES -- Multi-Spon-
sored by -- M. of A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, DUPREY,
GLICK, HIKIND, LOPEZ, McLAUGHLIN, ROBINSON, SALADINO, SIMON -- read
once and referred to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02681-05-5
A. 3597--B 2
1 4. within a restricted airspace; or
2 5. in a reckless manner wherein such operation creates a risk of harm
3 to the public; or
4 6. with the intent to harass or annoy an individual or individuals; or
5 7. below one hundred feet above ground level on private property with-
6 out the owner's consent.
7 Unlawful use of a drone is a violation.
8 § 3. This act shall take effect on the first of November next succeed-
9 ing the date upon which it shall have become a law.
