STATE OF NEW YORK
2017-2018 Regular Sessions
January 12, 2017
Introduced by M. of A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, SIMOTAS,
STECK, STIRPE, DINOWITZ, MOSLEY, MONTESANO, McDONOUGH, GUNTHER,
CROUCH, COLTON, PEOPLES-STOKES, GALEF -- Multi-Sponsored by -- M. of
A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, GLICK, HIKIND -- read once and
referred 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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 1670 2
1 7. below one hundred feet above ground level on private property with-
2 out the owner's consent.
3 Unlawful use of a drone is a violation.
4 § 3. This act shall take effect on the first of November next succeed-
5 ing the date upon which it shall have become a law.