§761. Unauthorized use of drone on or over premises of correctional facility or jail
1.
A person is guilty of unauthorized use of a drone on or over the premises of a correctional facility or jail if the person intentionally or knowingly flies a drone over the premises of a correctional facility or jail at or below a height of 400 feet above the ground, lands a drone on the premises or flies a drone from the premises.
A.
Except as provided in paragraph B, a person who violates this subsection commits a civil violation for which a fine of not less than $500 may be adjudged.
[PL 2025, c. 689, §1 (NEW).]
B.
A person who violates this subsection after having been previously adjudicated as violating this subsection or has been previously adjudicated of committing a violation for conduct substantially similar to that prohibited in this subsection in another jurisdiction commits a Class D crime. Section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2025, c. 689, §1 (NEW).]
[PL 2025, c. 689, §1 (NEW).]
2.
This section does not apply to:
A.
A law enforcement officer, a corrections officer or a corrections supervisor engaged in the performance of the law enforcement officer's, corrections officer's or corrections supervisor's public duty; or
[PL 2025, c. 689, §1 (NEW).]
B.
Another person acting in the course and scope of employment, as approved by the chief administrative officer of the correctional facility or the jail administrator.
[PL 2025, c. 689, §1 (NEW).]
[PL 2025, c. 689, §1 (NEW).]
3.
It is not a defense to a prosecution under this section that the person holds a valid license to operate a drone issued by the United States Department of Transportation, Federal Aviation Administration or is otherwise permitted to operate a drone pursuant to regulations of the Federal Aviation Administration.
[PL 2025, c. 689, §1 (NEW).]
4.
As used in this section, the following terms have the following meanings.
A.
"Correctional facility" has the same meaning as in Title 34‑A, section 1001, subsection 6.
[PL 2025, c. 689, §1 (NEW).]
B.
"Drone" means an aircraft or aircraft system operated without a physical human presence within or on the aircraft and includes, but is not limited to, an unmanned aircraft system, unmanned aerial vehicle, remotely piloted aircraft system or micro air vehicle.
[PL 2025, c. 689, §1 (NEW).]
C.
"Jail" means a county or regional jail.
[PL 2025, c. 689, §1 (NEW).]
D.
"Micro air vehicle" means a drone that weighs less than one kilogram.
[PL 2025, c. 689, §1 (NEW).]
E.
"Premises" includes, but is not limited to, lands, ways and any buildings or structures on those lands or ways.
[PL 2025, c. 689, §1 (NEW).]
F.
"Remote pilot station" means equipment such as controls, displays or a cockpit located separately from a drone and used by an operator to fly a drone.
[PL 2025, c. 689, §1 (NEW).]
G.
"Remotely piloted aircraft system" means a system that includes a drone, a remote pilot station and equipment for communication between the remote pilot station and the drone.
[PL 2025, c. 689, §1 (NEW).]
H.
"Unmanned aerial vehicle" means a powered aircraft that flies without a human pilot on board that is controlled either remotely from the ground or autonomously through a preprogrammed flight plan.
[PL 2025, c. 689, §1 (NEW).]
I.
"Unmanned aircraft system" means a system that includes a drone, a remote control station and equipment for communication between the remote control station and the drone.
[PL 2025, c. 689, §1 (NEW).]
[PL 2025, c. 689, §1 (NEW).]
SECTION HISTORY
PL 2025, c. 689, §1 (NEW).