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Assembly Bill A1670

2017-2018 Legislative Session

Criminalizes the unlawful use of an unmanned aircraft

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Archive: Last Bill Status - In Assembly Committee

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2017-A1670 (ACTIVE) - Details

See Senate Version of this Bill:
S1979
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.80, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A3597, S6306

2017-A1670 (ACTIVE) - Summary

Criminalizes the unlawful use of an unmanned aircraft.

2017-A1670 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1670
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, SIMOTAS,
   STECK,  STIRPE,  DINOWITZ,  MOSLEY,  MONTESANO,  McDONOUGH,   GUNTHER,
   CROUCH,  COLTON,  PEOPLES-STOKES, GALEF -- Multi-Sponsored by -- M. of
   A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, GLICK, HIKIND -- read once and
   referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to unlawful use of a drone
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 240.00 of the penal law is amended by adding three
 new subdivisions 7, 8 and 9 to read as follows:
   7. "DRONE" MEANS AN UNMANNED AIRCRAFT WHICH IS OPERATED REMOTELY WITH-
 OUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR  ON  THE
 AIRCRAFT.
   8.  "RESTRICTED  AIRSPACE"  MEANS  ANY AIRSPACE OVER THE PROPERTY OF A
 CORRECTIONAL FACILITY AS DEFINED IN SECTION FORTY OF THE CORRECTION  LAW
 OR AIRSPACE WITHIN FIVE MILES OF AN AIRPORT.
   9.  "PERSONAL  USE"  MEANS  THE  OPERATION  OF  A DRONE SOLELY FOR THE
 PURPOSE OF PLEASURE OR RECREATION.
   § 2. The penal law is amended by adding a new section 240.80  to  read
 as follows:
 § 240.80 UNLAWFUL USE OF A DRONE.
   A PERSON IS GUILTY OF UNLAWFUL USE OF A DRONE WHEN DURING THE PERSONAL
 USE  OF  SUCH  DRONE, EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, HE OR
 SHE KNOWINGLY OPERATES A DRONE:
   1. MORE THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR
   2. WEIGHING MORE THAN TEN POUNDS; OR
   3. WITHOUT A VISUAL LINE OF SIGHT OF SUCH AIRCRAFT; OR
   4. WITHIN A RESTRICTED AIRSPACE; OR
   5. IN A RECKLESS MANNER WHEREIN SUCH OPERATION CREATES A RISK OF  HARM
 TO THE PUBLIC; OR
   6. WITH THE INTENT TO HARASS OR ANNOY AN INDIVIDUAL OR INDIVIDUALS; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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