FEDERAL PROSECUTION FOR UNSAFE OPERATION OF AN UNMANNED AIRCRAFT / DRONE, OR DAMAGING A DRONE
John Teakell
Law Office of John R. Teakell
DALLAS, TX
I. Introduction
Since drones have become the more common “non-manned aircraft,” it is not unusual to see them being flown in all types of areas where there are both residences and commercial buildings. There are federal regulations and federal criminal statutes that address drones being flown in restricted areas and being operated in an “unsafe manner.”
II. FAA Regulations
The Federal Aviation Administration, which regulates aircrafts, has several regulations that prohibit flying drones in certain areas. These restrictions basically are:
- No drone can be flown within three (3) nautical miles of stadiums during events being conducted there (a nautical mile is approximately 1.15 miles);
- No drone can be flown within a controlled airspace around airports (without authorization);
- No drone can be flown over national security sensitive facilities, military bases, and infrastructure; and
- No drone can be flown in an airspace with Temporary Flight Restrictions.
III. Federal Criminal Statutes
Federal criminal laws are usually found in the United States Code in Title 18. There are several statutes in Title 18 that pertain to unmanned aircraft, which includes drones. Here are some federal criminal statutes with summaries as to what each prohibits.
18 U.S. Code §32 – Destruction of Aircraft or Aircraft Facilities – This criminal statute prohibits anyone from destroying, damaging, disabling, or setting fire to, aircraft in the United States / airspace. This includes drones, and the destruction, disabling, or shooting of them.
18 U.S. Code §39B – Unsafe Operation of Unmanned Aircraft – This statute prohibits anyone from using an unmanned aircraft to: 1) knowingly interfere with the operation of an aircraft; 2) recklessly interfere with the operation of an aircraft; and 3) operate an unmanned aircraft in proximity to an airport, that is, in a “runway exclusion zone.”
18 U.S. Code §40A – Operation of Unauthorized Unmanned Aircraft over Wildfires – This statute prohibits an individual from operating an unmanned aircraft and: 1) knowingly or recklessly interfering with wildfire suppression; or 2) knowingly or recklessly interfering with a law enforcement or emergency response to wildfires.
IV. Federal Prosecution
A federal prosecution for damaging a drone or operating one in an unsafe manner, would proceed as any federal prosecution. That is, after an investigation by federal agents, the evidence is submitted to the federal prosecutor’s office, the U.S. Attorney’s Office, for their review. The U.S. Attorney’s Office may conduct a federal grand jury investigation for further evidence, and then ultimately seek Indictments charging the appropriate federal crimes. Contact federal attorney John Teakell for representation regarding operating a drone in an unsafe manner, or for any criminal allegation.
