1 New Chapter; Causes of Action Related to the Use of Small Unmanned Aircraft Systems. Amend RSA by inserting after chapter 507-I the following new chapter:

CHAPTER 507-J

CAUSES OF ACTION RELATED TO THE USE OF SMALL UNMANNED AIRCRAFT SYSTEMS

507-J:1 Definitions. As used in this chapter:

I. "Aircraft" means "aircraft" as it is defined in RSA 422:3, VI.

II. "Imaging device" means any technology capable of recording or transmitting images, sound, or data.

III. "Operate" means "operate aircraft" as that term is defined in RSA 422:3, XXII.

IV. "Small unmanned aircraft" means "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a.

V. "Small unmanned aircraft system" means "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b.

VI. "Surveillance" means the observation of one or more persons or property with enough clarity to gather identifying information, habits, conduct, movements, or occupancy.

507-J:2 Prohibition on Use to Violate Privacy.

Neither the state, or any political subdivision thereof, nor any person, shall operate a small unmanned aircraft system that includes an imaging device to conduct surveillance over private property without written consent from the property owner, in any situation where a reasonable expectation of privacy exists. For purposes of this section, a reasonable expectation of privacy shall be presumed to exist in any location where an individual cannot be observed from a public ground-level position.

507-J:3 Exceptions. RSA 507-J:2 shall not apply to:

I. Law enforcement officers operating pursuant to a valid warrant.

II. Law enforcement officers acting pursuant to exigent circumstances involving imminent danger to life or the risk of destruction of evidence.

III. Law enforcement officers performing counter-terrorism operations.

IV. Regulated utility inspections.

V. Licensed business operations.

VI. Property appraisal for taxes.

VII. Environmental emergency assessments.

507-J:4 Remedies.

I. A person alleging a violation of RSA 507-J:2 may bring an action for compensatory and punitive damages and injunctive relief.

II. Any civil remedy shall be in addition to any other remedy available at law.

III. The court may award reasonable attorney's fees to a person who successfully establishes a violation of RSA 507-J:2.

507-J:5 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

2 Effective Date. This act shall take effect January 1, 2027.

1 New Chapter; Causes of Action Related to the Use of Small Unmanned Aircraft Systems. Amend RSA by inserting after chapter 507-I the following new chapter:

CHAPTER 507-J

CAUSES OF ACTION RELATED TO THE USE OF SMALL UNMANNED AIRCRAFT SYSTEMS

507-J:1 Definitions. As used in this chapter:

I. "Aircraft" means "aircraft" as it is defined in RSA 422:3, VI.

II. "Imaging device" means any technology capable of recording or transmitting images, sound, or data.

III. "Operate" means "operate aircraft" as that term is defined in RSA 422:3, XXII.

IV. "Small unmanned aircraft" means "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a.

V. "Small unmanned aircraft system" means "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b.

VI. "Surveillance" means the observation of one or more persons or property with enough clarity to gather identifying information, habits, conduct, movements, or occupancy.

507-J:2 Prohibition on Use to Violate Privacy.

Neither the state, or any political subdivision thereof, nor any person, shall operate a small unmanned aircraft system that includes an imaging device to conduct surveillance over private property without written consent from the property owner, in any situation where a reasonable expectation of privacy exists. For purposes of this section, a reasonable expectation of privacy shall be presumed to exist in any location where an individual cannot be observed from a public ground-level position.

507-J:3 Exceptions. RSA 507-J:2 shall not apply to:

I. Law enforcement officers operating pursuant to a valid warrant.

II. Law enforcement officers acting pursuant to exigent circumstances involving imminent danger to life or the risk of destruction of evidence.

III. Law enforcement officers performing counter-terrorism operations.

IV. Regulated utility inspections.

V. Licensed business operations.

VI. Property appraisal for taxes.

VII. Environmental emergency assessments.

507-J:4 Remedies.

I. A person alleging a violation of RSA 507-J:2 may bring an action for compensatory and punitive damages and injunctive relief.

II. Any civil remedy shall be in addition to any other remedy available at law.

III. The court may award reasonable attorney's fees to a person who successfully establishes a violation of RSA 507-J:2.

507-J:5 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

2 Effective Date. This act shall take effect January 1, 2027.