CHAPTER 852
An Act to amend and reenact § 15.2-926.3 of the Code of
Virginia, to amend the Code of Virginia by adding a section numbered 18.2-121.3
and by adding in Article 8 of Chapter 7 of Title 18.2 a section numbered 18.2-324.2,
and to repeal the second enactment of Chapter 451 of the Acts of Assembly of
2016, relating to trespass; unmanned aircraft system; penalty.
[S 526]
Approved May 18, 2018
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-926.3 of the Code of Virginia is amended and
reenacted and that the Code of Virginia is amended by adding a section numbered
18.2-121.3 and by adding in Article 8 of Chapter 7 of Title 18.2 a section
numbered 18.2-324.2 as follows:
§ 15.2-926.3. (Expires July 1, 2019) Local regulation of
certain aircraft.
No locality political subdivision may regulate
the use of a privately owned, unmanned aircraft system as defined in §
19.2-60.1 within its boundaries. Nothing in this section shall permit a
person to go or enter upon land owned by a political subdivision solely because
he is in possession of an unmanned aircraft system if he would not otherwise be
permitted entry upon such land.
§ 18.2-121.3. Trespass with an unmanned aircraft system;
penalty.
A. Any person who knowingly and intentionally causes an
unmanned aircraft system to enter the property of another and come within 50
feet of a dwelling house (i) to coerce, intimidate, or harass another person or
(ii) after having been given actual notice to desist, for any other reason, is
guilty of a Class 1 misdemeanor.
B. This section shall not apply to any person who causes an
unmanned aircraft system to enter the property as set forth in subsection A if
(i) consent is given to the entry by any person with legal authority to consent
or by any person who is lawfully present on such property or (ii) such person
is authorized by federal regulations to operate an unmanned aircraft system and
is operating such system in an otherwise lawful manner and consistent with
federal regulations.
§ 18.2-324.2. Use of unmanned aircraft system for certain
purposes; penalty.
A. It is unlawful for any person who is required to
register pursuant to § 9.1-901 to use or operate an unmanned aircraft system to
knowingly and intentionally (i) follow or contact another person without
permission of such person or (ii) capture the images of another person without
permission of such person when such images render the person recognizable by
his face, likeness, or other distinguishing characteristic.
B. It is unlawful for a respondent of a protective order
issued pursuant to § 16.1-279.1 or 19.2-152.10 to knowingly and intentionally
use or operate an unmanned aircraft system to follow, contact, or capture
images of the petitioner of the protective order or any other individual named
in the protective order.
C. A violation of this section is a Class 1 misdemeanor.
2. That the second enactment of Chapter 451 of the Acts of
Assembly of 2016 is repealed.
3. That the Secretary of Commerce and Trade, in consultation
with the Virginia Economic Development Partnership, shall study the impact of
this act on unmanned aircraft research, innovation, and economic development in
Virginia and report to the Governor and General Assembly no later than November
1, 2019.