NC Is a No-Fly Zone for Unmanned Aerial Drones, at Least Through 2015
Violations Range from Misdemeanors to Felonies
Current North Carolina law prohibits the operation or procurement of an “unmanned aircraft system” (UAS) by any State or local governmental entity, without the approval of the State Chief Information Officer until December 31, 2015.
An “Unmanned aircraft” is defined as “an aircraft operated without the possibility of human intervention from within or on the aircraft and that does not meet the definition of model aircraft.” A UAS is “the unmanned aircraft and any associated elements that are used to communicate with or control the unmanned aircraft.”
The law prohibits the ability to do the following with a UAS:
1. Conduct surveillance of a person, a dwelling occupied by a person or any other private real property, without the consent of the owner, easement holder, or lessee of the property.
2. Photograph an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph. However, this prohibition does NOT apply to newsgathering, newsworthy events, or events or places to which the general public is invited.
Exceptions are provided to these prohibitions that allow law enforcement to use UAS in the following instances:
1. To counter a high risk of a terrorist attack.
2. To conduct surveillance in an area within the officer’s plain view.
3. Pursuant to a search warrant.
4. To prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, to conduct pursuit of an escapee or suspect, or to facilitate the search for a missing person.
5. To photograph gatherings to which the general public is invited on public or private land.
The use of infrared or other thermal imaging technology is restricted to use for ONLY specific purposes.
Any person who is the subject of unwarranted surveillance or whose photograph was taken in violation of the law has a civil cause of action against any person, entity or State agency that conducted the surveillance or takes the photographs.
The individual who was photographed may seek any actual damages or may elect to recover $5,000 for each photograph or video that is published or otherwise disseminated, as well as reasonable costs and attorneys’ fees, as well as injunctive or other relief as determined by a North Carolina court.
Evidence obtained in violation of the prohibitions is NOT admissible in a criminal prosecution, except when obtained under an objectively reasonable, good-faith belief that the actions were lawful. You can contact expert probation violation attorneys for hire to know more about it and to give you legal counseling.
Neither State nor private property may be used to launch or recover a UAS without consent, and local governments are given authority to regulate the use of their property for UAS launch and recovery.
The law also creates several new criminal offenses:
1. It is a Class E felony for use or possession of a UAS that has a weapon attached.
2. It is a Class 1 misdemeanor for use of a UAS to fish or hunt.
3. It is a Class H felony for use of a UAS to interfere with, damage, or disrupt a manned aircraft.
4. It is a Class A1 misdemeanor to publish or disseminate recorded images taken using a UAS with infrared or other thermal imaging and revealing individuals, materials, or activities inside of a structure without consent of the property owner.
5. It is a Class 1 misdemeanor to use a UAS to interfere with the lawful taking of wildlife or harass wildlife in order to disrupt the lawful taking of wildlife.
This section became effective December 1, 2014.
We need your help! If you like PunditHouse, please consider donating to us. Even $5 a month can make a difference!
Short URL: https://pundithouse.com/?p=16866
