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Rs 14:337 Unlawful Use Of An Unmanned Aircraft System

§337. Unlawful use of an unmanned aircraft system

A. Unlawful use of an unmanned aircraft system is either of the following:

(1) The intentional use of an unmanned aircraft system to conduct surveillance of,

gather evidence or collect information about, or photographically or electronically record a

targeted facility without the prior written consent of the owner of the targeted facility.

(2) The intentional use of an unmanned aircraft system over the grounds of a state

or local jail, prison, or other correctional facility that incarcerates or detains juveniles or

adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of

criminal law without the express written consent of the person in charge of that state or local

jail, prison, or other correctional facility.

B. As used in this Section, the following definitions shall apply:

(1) "Federal government" means the United States of America and any department,

agency, or instrumentality thereof.

(2) "State government" means the state of Louisiana and any department, agency, or

instrumentality thereof.

(3) "Targeted facility" means the following systems:

(a) Petroleum and alumina refineries.

(b) Chemical and rubber manufacturing facilities.

(c) Nuclear power electric generation facilities.

(d) School and school premises as defined by R.S. 14:40.6(B).

(4) "Unmanned aircraft system" means an unmanned, powered aircraft that does not

carry a human operator, can be autonomous or remotely piloted or operated, and can be

expendable or recoverable. "Unmanned aircraft system" does not include any of the

following:

(a) A satellite orbiting the earth.

(b) An unmanned aircraft system used by the federal government or a person who

is acting pursuant to contract with the federal government to conduct surveillance of specific

activities.

(c) An unmanned aircraft system used by the state government or a person who is

acting pursuant to a contract with the state government to conduct surveillance of specific

activities.

(d) An unmanned aircraft system used by a local government law enforcement

agency or fire department.

(e) An unmanned aircraft system used by a person, affiliate, employee, agent, or

contractor of any business which is regulated by the Louisiana Public Service Commission

or by a local franchising authority or the Federal Communications Commission under the

Cable Television Consumer Protection and Competition Act of 1992 or of a municipal or

public utility, while acting in the course and scope of his employment or agency relating to

the operation, repair, or maintenance of a facility, servitude, or any property located on the

immovable property which belongs to such a business.

C.(1) Nothing in this Section shall prohibit a person from using an unmanned aircraft

system to conduct surveillance of, gather evidence or collect information about, or

photographically or electronically record his own property that is either of the following:

(a) Located on his own immovable property.

(b) Located on immovable property owned by another under a valid lease, servitude,

right-of-way, right of use, permit, license, or other right.

(2) Third persons retained by the owner of the property described in Paragraph (1)

of this Subsection shall not be prohibited under this Section from using an unmanned aircraft

system to conduct activities described in Paragraph (1) of this Subsection.

D. The provisions of this Section shall not apply to any of the following:

(1) Any person operating an unmanned aircraft vehicle or unmanned aircraft system

in compliance with federal law or Federal Aviation Administration authorization or

regulations or to any person engaged in agricultural commercial operations as defined in R.S.

3:41.

(2) The operation of an unmanned aircraft by institutions of higher education

conducting research, extension, and teaching programs in association with university

sanctioned initiatives.

E.(1) Whoever commits the crime of unlawful use of an unmanned aircraft system

as provided in Paragraph (A)(1) of this Section shall be fined not more than five hundred

dollars, or imprisoned for not more than six months, or both.

(2) On a conviction for a second or subsequent offense as provided in Paragraph

(A)(1) of this Section, the offender shall be fined not less than five hundred dollars nor more

than two thousand dollars, or imprisoned, with or without hard labor, for not less than six

months nor more than one year, or both.

(3) Whoever commits the crime of unlawful use of an unmanned aircraft system as

provided in Paragraph (A)(2) of this Section shall be fined not more than two thousand

dollars, or imprisoned for not more than six months, or both.

(4) On a conviction for a second or subsequent offense as provided in Paragraph

(A)(2) of this Section, the offender shall be fined not less than two thousand dollars nor more

than five thousand dollars, or imprisoned, with or without hard labor, for not more than one

year, or both.

F. The provisions of this Section shall not apply to unmanned aircraft systems used

for motion picture, television, or similar production where the filming is authorized by the

property owner.

Acts 2014, No. 661, §1; Acts 2016, No. 529, §1, eff. June 17, 2016; Acts 2016, No.

539, §1.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
aircraft
unmanned
federal
conduct
government
surveillance
contract
activities
acting
business