S T A T E O F N E W Y O R K
________________________________________________________________________
3235
2021-2022 Regular Sessions
I N S E N A T E
January 28, 2021
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Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the unlawful use or opera-
tion of an unmanned aircraft
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 a new
subdivision 8 to read as follows:
8. "UNMANNED AIRCRAFT" MEANS A DEVICE USED FOR FLIGHT IN THE AIR WHICH
IS OPERATED REMOTELY WITHOUT THE POSSIBILITY OF DIRECT HUMAN INTER-
VENTION FROM WITHIN OR ON THE AIRCRAFT.
§ 2. The penal law is amended by adding a new section 240.80 to read
as follows:
§ 240.80 UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
A PERSON IS GUILTY OF UNLAWFUL USE OR OPERATION OF AN UNMANNED
AIRCRAFT WHEN DURING THE PERSONAL USE OR OPERATION OF SUCH AIRCRAFT,
EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, HE OR SHE INTENTIONALLY
OPERATES AN UNMANNED AIRCRAFT:
1. IN VIOLATION OF FEDERAL LAWS OR REGULATIONS OF THE UNITED STATES
DEPARTMENT OF TRANSPORTATION AND THE FEDERAL AVIATION ADMINISTRATION
(FAA) OR SUCCESSORS THEREOF; OR
2. IN A RECKLESS MANNER SO AS TO ENDANGER THE LIFE OR SAFETY OF ANOTH-
ER PERSON OR PROPERTY OF A PERSON.
UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT IS A VIOLATION.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05603-01-1