The Texas offense of Operation Of Unmanned Aircraft Over Correctional Facility Or Detention Facility allows law enforcement to prosecute people who fly drones over or near airports or military installations.
OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT OR MILITARY INSTALLATION ATTORNEY FAQs
By “unmanned aircraft,” the legislature means “drones.” This a brand new law for 2023, and it was passed in the wake of concerns related to increased suspicious activity of unidentified drones flying in and around airport and military airspace, posing potential national security threats and air traffic safety hazards, and attributed to the ubiquity of cheap and powerful drones.
Have you been charged with Operation Of Unmanned Aircraft Over Airport Or Military Installation? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Texas Government Code 423.0045 (which regulated the use of drones) was struck down by a federal district court in 2022 after the court found that the Government Code law illegally infringed on journalists’ First Amendment rights. As a result, after the ruling, there were no restrictions in place on flying drones over military installations and airports. In response, the Texas legislature passed this new penal code criminal law. This law is a companion offense to Operation Of Unmanned Aircraft Over Correctional Facility Or Detention Facility Learn more about the Operation Of Unmanned Aircraft Over Airport Or Military Installation offense below.
What is the current Texas law about Operation Of Unmanned Aircraft Over Airport Or Military Installation?
The current Texas law defines the offense of Operation Of Unmanned Aircraft Over Airport Or Military Installation in Penal Code Section §42.15 as follows:[1]
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over an airport or military installation;
(2) allows an unmanned aircraft to make contact with an airport or military installation, including any person or object on the premises of or within the airport or military installation; or
(3) operates an unmanned aircraft in a manner that interferes with the operations of or causes a disturbance to an airport or military installation.
Subsection (c) of the statute makes it clear that the offense doesn’t apply if the operator of the drone had permission to fly the drone, was a law enforcement agency, or was operating under one of the few other logical exceptions to the law.[2]
This offense was created by the 88th Texas Legislature in 2023,[3] effective September 1, 2023.[4]
How can I be charged with Operation Of Unmanned Aircraft Over Airport Or Military Installation?
You can be charged with Operation Of Unmanned Aircraft Over Airport Or Military Installation if the state’s attorneys believe that each of the elements of 42.15 as described in the section above have been met.
What is the punishment for Operation Of Unmanned Aircraft Over Airport Or Military Installation?
Operation Of Unmanned Aircraft Over Airport Or Military Installation is punished as a Class B misdemeanor, except that the offense is a Class A misdemeanor if the state can prove a previous conviction for the same offense.[5]
Legal References:
^1. Texas Penal Code §42.15^2. Texas Penal Code §42.15(c)^3. SB 1308, 88th Texas Legislature (RS), Section 1^4. SB 1308, 88th Texas Legislature (RS), Section 5^5. Texas Penal Code §42.15(d)
