Bill Text - SB460 (2024)

Establishing the crime of and penalties for unlawful use of unmanned aircraft systems.


Revision: Nov. 19, 2023, 1:55 p.m.

 

2024 SESSION

24-3008.0

11/10

 

SENATE BILL [bill number]

 

AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

 

SPONSORS: [sponsors]

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This bill establishes the crime of and penalties for unlawful use of small unmanned aircraft systems (drones).

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3008.0

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

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 Unmanned Aircraft (UAS) in violation of laws and regulations of the Federal Aviation Association (FAA) or other agency that governs aeronautics.

II.  A person is guilty of a misdemeanor if such person operates a small UAS that interferes with law enforcement, firefighting, or other emergency response operations or violates any provisions of RSA 644:9.

III.  A person is guilty of:

(a)  A class B felony 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 A felony if such operation results in damage to a human-occupied aircraft in flight or causes said aircraft to crash.

IV.  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.

V.  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.

VI.  This provision shall not apply to any law enforcement officer pursuant to their lawful authority.

2  Effective Date.  This act shall take effect January 1, 2025.