What's happening
This bill defines drones and restricted airspace, and establishes penalties for certain unlawful personal drone uses, including flying over prisons, airports, or private property without consent.
Why it matters
Clearly defines key terms like "drone," "restricted airspace," and "personal use," creating a legal framework that distinguishes recreational from potentially commercial or law enforcement drone operations.
Sets concrete limits on drone operation—such as altitude, weight, and requirement for visual line of sight—which could directly affect the types of drones hobbyists can use and how they can be flown in New York State.
Criminalizes flying drones over certain sensitive areas (prisons, airports, private property without consent), reflecting concerns around privacy, safety, and security, and empowering law enforcement to act on complaints about intrusive or dangerous drone use.
Establishes penalties for reckless or harassing use, signaling that personal drone operators can be held legally accountable for endangering the public or intentionally bothering others, thus balancing innovation with public welfare.
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Who cares
Recreational drone operators
The bill would make specified personal-use flights a violation, including flying above 400 feet, operating drones weighing more than 10 pounds or flying without visual line of sight, except as otherwise provided by federal law.
Airports and correctional facilities
The bill would prohibit recreational drone flights within five miles of an airport or over correctional facility property, subject to the federal-law exception.
Private property owners
The bill would prohibit recreational drone flights below 100 feet over private property without the owner's consent.
People targeted by drone harassment
The bill would make recreational drone operation with intent to harass or annoy individuals a violation.
Headline styles
Ban Unlawful Drone Use
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Unlawful Drone Use
In Senate Committee · Codes · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1670
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, SIMOTAS, STECK, STIRPE, DINOWITZ, MOSLEY, MONTESANO, McDONOUGH, GUNTHER, CROUCH, COLTON, PEOPLES-STOKES, GALEF -- Multi-Sponsored by -- M. of A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, GLICK, HIKIND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful use of a drone
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240.00 of the penal law is amended by adding three new subdivisions 7, 8 and 9 to read as follows:
7. "Drone" means an unmanned aircraft which is operated remotely without the possibility of direct human intervention from within or on the aircraft.
8. "Restricted airspace" means any airspace over the property of a correctional facility as defined in section forty of the correction law or airspace within five miles of an airport.
9. "Personal use" means the operation of a drone solely for the purpose of pleasure or recreation.
§ 2. The penal law is amended by adding a new section 240.80 to read as follows: § 240.80 Unlawful use of a drone.
A person is guilty of unlawful use of a drone when during the personal use of such drone, except as otherwise provided by federal law, he or she knowingly operates a drone:
1. more than four hundred feet above ground level; or
2. weighing more than ten pounds; or
3. without a visual line of sight of such aircraft; or
4. within a restricted airspace; or
5. in a reckless manner wherein such operation creates a risk of harm to the public; or
6. with the intent to harass or annoy an individual or individuals; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00380-01-7
A. 1670 2
7. below one hundred feet above ground level on private property without the owner's consent.
Unlawful use of a drone is a violation.
§ 3. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.