Text to be removed highlighted in red.
1 New Section; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 644 by inserting after section 644:22 the following new section:
644:23 Unlawful Operation or Use of Small Unmanned Aircraft.
I. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small UAS in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 CFR Part 107.
II. A person is guilty of:
(a) A class A misdemeanor if such person negligently operates a small UAS in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.
(b) A class B felony if such operation results in damage to a human-occupied aircraft in flight.
(c) A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.
III. A person is guilty of a misdemeanor if such a person operates a small UAS in FAA-restricted airspace over the property of a federal or state correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.
IV. A person is guilty of a class B felony if such person is knowingly in possession of or operates a small UAS equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile. Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small UAS for the disposal of explosives, bombs, and hazardous devices. Law enforcement's use of a small UAS to deploy distraction or disorientation devices is exempt from this provision.
V. This provision shall not apply to any law enforcement officer pursuant to their lawful authority.
2 New Paragraph; Prohibitions; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:28 by inserting after paragraph XIV the following new paragraph:
XV. For any person to operate or use an unmanned aircraft system in violation of RSA 644:23.
3 New Paragraph; Penalties; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:29 by inserting after paragraph IX the following new paragraph:
X. The penalties for a violation of RSA 422:28, XV are those provided in RSA 644:23.
4 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Section; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 644 by inserting after section 644:22 the following new section:
644:23 Unlawful Operation or Use of Small Unmanned Aircraft.
I. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small UAS in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 CFR Part 107.
II. A person is guilty of:
(a) A class A misdemeanor if such person negligently operates a small UAS in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.
(b) A class B felony if such operation results in damage to a human-occupied aircraft in flight.
(c) A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.
III. A person is guilty of a misdemeanor if such a person operates a small UAS in FAA-restricted airspace over the property of a federal or state correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.
IV. A person is guilty of a class B felony if such person is knowingly in possession of or operates a small UAS equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile. Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small UAS for the disposal of explosives, bombs, and hazardous devices. Law enforcement's use of a small UAS to deploy distraction or disorientation devices is exempt from this provision.
V. This provision shall not apply to any law enforcement officer pursuant to their lawful authority.
2 New Paragraph; Prohibitions; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:28 by inserting after paragraph XIV the following new paragraph:
XV. For any person to operate or use an unmanned aircraft system in violation of RSA 644:23.
3 New Paragraph; Penalties; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:29 by inserting after paragraph IX the following new paragraph:
X. The penalties for a violation of RSA 422:28, XV are those provided in RSA 644:23.
4 Effective Date. This act shall take effect January 1, 2025.