[§711-1125]  Trespass with an unmanned aircraft system.  (1)  A person commits the offense of trespass with an unmanned aircraft system if the person intentionally causes an unmanned aircraft system to:

     (a)  Cross the property line of another and come within fifty feet of a dwelling to coerce, intimidate, or harass another person or, after having been given actual notice to desist, for any other reason; or

     (b)  Take off or land in violation of current Federal Aviation Administration special security instructions or unmanned aircraft systems security sensitive airspace restrictions.

     (2)  This section shall not apply if:

     (a)  Consent was given to the entry by any person with legal authority to consent or by any person who is lawfully present on the property; or

     (b)  The person was authorized by federal regulations to operate an unmanned aircraft system and was operating the system in an otherwise lawful manner and consistent with federal regulations.

     (3)  Trespass with an unmanned aircraft system is a misdemeanor. [L 2023, c 58, §2]

Note

  This section was renumbered from §711-1114 pursuant to L 2024, c 161, §2(2).

COMMENTARY ON §711-1125

  Act 58, Session Laws 2023, added this section to establish the misdemeanor offense of trespass with an unmanned aircraft system.  The legislature found that the proliferation of unmanned aircraft systems, commonly called drones, has led to privacy and public safety concerns for individuals, especially when the drones are flown over their property.  The legislature further found that existing state laws did not adequately address these situations and that some states had enacted laws that prohibited trespassing on private property with a drone.  Accordingly, Act 58 addressed the concerns of residents across the State, while also establishing enforcement measures to promote responsible drone usage.  House Standing Committee Report No. 1639, House Standing Committee Report No. 1347, Senate Standing Committee Report No. 848, Senate Standing Committee Report No. 242.

Law Journals and Reviews

  These are the Drones You're Looking for:  Toward a New Regulatory Scheme for Civilian Drones.  44 UH L. Rev. 241 (2022).