50-15-2. Operation of drone--Compliance with federal law--Exemption.

Any operation of a drone in the state shall comply with all applicable Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter.

Source: SL 2017, ch 202, § 2; SL 2020, ch 187, § 2; SL 2020, ch 203, § 24.

50-15-3. Authorization required to operate drone over certain facilities--Violation as misdemeanor.

No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility unless expressly authorized by the administrator thereof. A violation of this section is a Class 1 misdemeanor.

Source: SL 2017, ch 202, § 3.

50-15-4. Prohibited delivery of contraband or controlled substance--Felony.

Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the principal offense.

Source: SL 2017, ch 202, § 4.

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.

Source: SL 2021, ch 95, § 2.

50-15-5.1. Careless operation, voyeuristic or harassment purposes--Misdemeanor.

No person may intentionally or willfully operate a drone in a careless manner that endangers persons or property, or for voyeuristic or harassment purposes. A person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 2024, ch 194, § 1.

50-15-6. Trespassing--Affirmative defense--Misdemeanor.

No person may, except as authorized by law, land a drone on the real or personal property or the waters of a landowner who owns the real property beneath the water body, without the landowner's consent. It is an affirmative defense if the landing was a forced landing or if the landing was caused by a technical malfunction, but in either case, the operator of the drone remains liable for any damage resulting from the landing. A person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 2021, ch 95, § 3; SL 2024, ch 194, § 2.

50-15-7. Permitted for recreational or commercial purposes--Compliance required--State and local regulations limited.

A person, in compliance with federal aviation regulations, may operate a drone for recreational purposes within the state. A person or business entity, doing business lawfully within the state and in compliance with federal aviation regulations, may operate or use a drone for commercial purposes within this state. Except as otherwise specifically allowed by this title, the state, or any political subdivision thereof, may not enact or enforce an ordinance regarding:

(1)    Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment requirements of an uncrewed aircraft system;

(2)    Airspace, altitude, or flight path restrictions; or

(3)    Qualifications, training, or certification of a pilot, operator, or observer of a drone.

Source: SL 2024, ch 194, § 3.

50-15-8. General liability--Compliance with federal regulations.

The operation of a drone, in compliance with federal aviation regulations, in the airspace over this state does not, standing alone, give rise to legal liability under the laws of this state or its political subdivisions.

Source: SL 2024, ch 194, § 4.

50-15-9. Liability for violating privacy or trespass laws.

Consistent with the provisions of this chapter, a drone may be the instrumentality by which a tort in violation of privacy rights or trespass laws may be committed under federal or state law.

Source: SL 2024, ch 194, § 5.

50-15-10. Authority of political subdivision.

A political subdivision may enact or enforce ordinances that relate to the operation of a drone within the political subdivision's jurisdiction that are consistent with federal and state law. This section does not limit the authority of a political subdivision to adopt an ordinance that enforces federal restrictions or to adopt or enforce an ordinance that relates to the operation of a drone by or on behalf of the political subdivision or that is owned by the political subdivision. Any ordinance that violates this section, whether enacted or adopted by a political subdivision before or after the date of enactment of this statute, is null.

Source: SL 2024, ch 194, § 6.

50-15-11. Takeoff or landing of a drone within controlled-access facility or within public highway right-of-way--Penalty.

Takeoff or landing of a drone within a controlled access facility, as defined in § 31-8-1, is prohibited, except by a state agency or state agent.

Takeoff or landing within any other public highway right-of-way is prohibited if the takeoff or landing is performed carelessly or in a manner causing endangerment to any person or property.

A person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 2024, ch 194, § 7.

50-15-12. Chapter applicability.

Nothing in this chapter may be construed to prohibit the:

(1)    Take-off or landing of a drone as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure;

(2)    Landing of a drone by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a forced landing or technical malfunction of a drone system;

(3)    Take-off or landing of a drone being operated by a sworn public safety officer or other emergency personnel in the performance of the officer or personnel's duties; or

(4)    Take-off or landing of a drone owned or operated by the United States government, or any operator under contract with any agency of the United States government, in the performance of the operator's assigned duties.

Source: SL 2024, ch 194, § 8.

50-15-13. Federal authority over airspace.

Nothing in this title shall preempt or intrude upon the exclusive sovereignty of airspace of the United States as set forth in 49 U.S.C. § 40103. Any interpretation or application of any provision of this title that contradicts the exclusive authority of the United States government to regulate the operation of a drone in the airspace of the United States, is null.

Source: SL 2024, ch 194, § 9.