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1 New Paragraph; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraph:
VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to enter onto the land or into the airspace above the land of another person without permission or otherwise to commit a trespass in order to capture any type of visual image, sound recording, or other physical impression of the person engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. A person is guilty of a class B felony if such person knowingly transmits, publishes, broadcasts, sells, offers for sale, or otherwise publicly uses any visual image, sound recording, or other physical impression obtained in violation of this paragraph.
(a) This paragraph shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.
(b) For the purposes of this paragraph, "private, personal, and familial activity" includes, but is not limited to:
(1) Intimate details of the person's personal life under circumstances in which the person has a reasonable expectation of privacy.
(2) Interactions with the person's family or significant others under circumstances in which the person has a reasonable expectation of privacy.
(3) Any activity that occurs on a residential property under circumstances in which the person has a reasonable expectation of privacy.
(4) Other aspects of the person's private affairs or concerns under circumstances in which the person has a reasonable expectation of privacy.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Paragraph; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraph:
VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to enter onto the land or into the airspace above the land of another person without permission or otherwise to commit a trespass in order to capture any type of visual image, sound recording, or other physical impression of the person engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. A person is guilty of a class B felony if such person knowingly transmits, publishes, broadcasts, sells, offers for sale, or otherwise publicly uses any visual image, sound recording, or other physical impression obtained in violation of this paragraph.
(a) This paragraph shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.
(b) For the purposes of this paragraph, "private, personal, and familial activity" includes, but is not limited to:
(1) Intimate details of the person's personal life under circumstances in which the person has a reasonable expectation of privacy.
(2) Interactions with the person's family or significant others under circumstances in which the person has a reasonable expectation of privacy.
(3) Any activity that occurs on a residential property under circumstances in which the person has a reasonable expectation of privacy.
(4) Other aspects of the person's private affairs or concerns under circumstances in which the person has a reasonable expectation of privacy.
2 Effective Date. This act shall take effect January 1, 2027.