An Act to revise certain provisions regarding drones.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-21-1 be AMENDED.

22-21-1. Eavesdropping--Privacy--Misdemeanor.

No person may, except as authorized by law:

(1) Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

(2) Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;

(3) Intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy; or

(4) Land a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner's consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing.

A person who violates this section is guilty of a Class 1 misdemeanor. Subdivisions (2) and (3) do Subdivision (2) does not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties. Subdivisions (3) and (4) do not apply to a drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place, nor do they apply to a designated emergency management worker operating a drone within the scope of the worker's duties.

Section 2. That a NEW SECTION be added:

50-15-5. Eavesdropping--Violation of privacy--Misdemeanor.

No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor.

This section does not apply to:

(1) Law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties;

(2) A drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place; or

(3) A designated emergency management worker operating a drone within the scope of the worker's duties.

Section 3. That a NEW SECTION be added:

50-15-6. Trespassing--Drone--Misdemeanor.

No person may, except as authorized by law, land a drone on the lands or waters of another resident if that resident owns the land beneath the water body in its entirety without the owner's consent. In the case of forced landing, the owner or lessee of the drone is liable for any damage resulting from a forced landing. A person who violates this section is guilty of a Class 1 misdemeanor.