Drone Law: Part 2

by | Mar 6, 2018 | Blog, Criminal Law, New Jersey

38096715 – white drone hovering in bright blue sky

The text of the new drone law continues:

2. a.  A person commits a disorderly persons offense if he knowingly or intentionally operates an unmanned aircraft system in a manner that endangers the life or property of another.  In making this determination, the court shall consider the standards for safe operation of small unmanned aircraft systems prescribed by federal law or regulation.

b. (1) A person commits a crime of the fourth degree if he knowingly or intentionally creates or maintains a condition which endangers the safety or security of a correctional facility by operating an unmanned aircraft system on the premises of or close to that facility without license or privilege to do so.  (2)  A person commits a crime of the third degree if he knowingly operates an unmanned aircraft system to conduct surveillance of, or gather information about, a correctional facility without license or privilege to do so.

For purposes of this subsection, “correctional facility” means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey.

c.  A person commits a crime of the fourth degree if he knowingly or intentionally operates an unmanned aircraft system in a manner that interferes with a first responder who is actively engaged in response or actively engaged in air, water, vehicular, ground, or specialized transport.

For purposes of this subsection “first responder” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.

Determining the identity of the operator of a drone in violation of these laws can be difficult in the case of the more advanced drones. A quick internet search reveals numerous drones available for public purchase that have a 7,000-meter range. That covers more than four miles.

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