ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 4-3-0-0 | 3^rd Read DP 20-9-1-0-0 House: JUD DP 5-2-0-1-0-0 | 3^rd Read DP 37-21-1-0-1

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SB 1277: unmanned aircraft; photography; private place

Sponsor: Senator Kern, LD 27

House Engrossed

Overview

Makes it is a criminal offense to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place where the person has a reasonable expectation of privacy, except in specific circumstances. Classifies this offense as a class 6 felony for a first-time offense and a class 5 felony for a second or subsequent offense.

History

It is a class 1 misdemeanor offense under current law for a person to operate a model aircraft or civil unmanned aircraft if the operation:

1) Is prohibited by a federal law or regulation that governs aeronautics, including Federal Aviation Administration regulations; or

2) Interferes with a law enforcement, firefighter or emergency services operation.

It is also a criminal offense to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in furtherance of a criminal offense. This offense is classified as a class 6 felony for a first-time offense and a class 5 felony for a second or subsequent violation.

Except as authorized by law, an Arizona city, town or county may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system.

For purposes of these offenses, civil unmanned aircraft, commercial purposes, critical facility, model aircraft, person, public unmanned aircraft, unmanned aircraft and unmanned aircraft system are defined in statute (A.R.S. § 13-3729). Other general terms, such as the culpable mental states applicable throughout the criminal code, which include intentionally, are also defined in the criminal code (A.R.S. § 13-105).

A class 1 misdemeanor offense carries a six-month maximum prison sentence and a maximum fine of up to $2,500. (A.R.S. §§ 13-707 and 13-802). A class 6 felony carries a presumptive prison term of 1 year, and a class 5 felony carries a presumptive prison term of 1.5 years (A.R.S. § 13-702). All felony offenses carry a maximum fine of up to $150,000 (A.R.S. § 13-801).

Provisions

1. Adds that it is a criminal offense, except as otherwise provided by law, to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. (Sec. 1)

2. Classifies the above offense as a class 6 felony for a first-time offense or a class 5 felony for a second or subsequent violation. (Sec. 1)

3. Specifies that this new offense does not apply to a person or entity that is authorized or allowed by the person in the private place to operate or use an unmanned aircraft or unmanned aircraft system. (Sec. 1)

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7.                   SB 1277

8. Initials JL   Page 0 House Engrossed

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