§337. Unlawful use of an unmanned aircraft system
A.
(1)Unlawful use of an unmanned aircraft system is any of the following:
(a)The intentional use of an unmanned aircraft system to conduct surveillance of,
gather evidence or collect information about, or photographically or electronically record a
targeted facility without the prior written consent of the owner of the targeted facility.
(b)The intentional use of an unmanned aircraft system over the grounds of the
governor's mansion, state or local jail, prison, or other correctional facility that incarcerates
or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated
delinquent for violations of criminal law without the express written consent of the person
in charge of that state building, state or local jai
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§337. Unlawful use of an unmanned aircraft system
A.(1) Unlawful use of an unmanned aircraft system is any of the following:
(a) The intentional use of an unmanned aircraft system to conduct surveillance of,
gather evidence or collect information about, or photographically or electronically record a
targeted facility without the prior written consent of the owner of the targeted facility.
(b) The intentional use of an unmanned aircraft system over the grounds of the
governor's mansion, state or local jail, prison, or other correctional facility that incarcerates
or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated
delinquent for violations of criminal law without the express written consent of the person
in charge of that state building, state or local jail, prison, or other correctional facility.
(c) The intentional use of an unmanned aircraft system to conduct surveillance of,
gather evidence or collect information about, interfere with the operation of, or
photographically or electronically record a federal or state military installation, facility,
aircraft, ship, military vehicle, or weapon system located therein without obtaining prior
written consent from the military installation or facility commander.
(2) The unmanned aircraft system shall be seized by a law enforcement officer in the
course of arrest or issuance of summons or shall be seized by order of court pursuant to other
provisions of law.
B. As used in this Section, the following definitions shall apply:
(1) "Federal government" means the United States of America and any department,
agency, or instrumentality thereof.
(2) "Federal or state military installation or facility" means either a permanent
military base or temporary installation where federal or state military personnel conduct
operations related to national or state defense or security including but not limited to the
staging or storage of military equipment or service members, base operations or mission
related activities, logistical support operations, military drills or exercises, or civil support
or rescue services.
(3) "Mitigation measures" mean actions, such as jamming, that are taken to cause
electronic interference to neutralize, intercept, disable, or disrupt an unmanned aircraft
system in order to prevent illegal or harmful activity.
(4) "Nefarious manner" means an illegal, dangerous, or harmful purpose in which
an unmanned aircraft system is used. Such purpose may include but is not limited to spying,
smuggling contraband as defined in R.S. 14:402, facilitating criminal activity, or posing a
direct threat to public safety.
(5) "State government" means the state of Louisiana and any department, agency, or
instrumentality thereof.
(6) "Targeted facility" means the following systems:
(a) Petroleum and alumina refineries.
(b) Chemical and rubber manufacturing facilities.
(c) Nuclear power electric generation facilities.
(d) School and school premises as defined by R.S. 14:40.6(B).
(e) Critical infrastructure as defined by R.S. 14:61(B).
(f) Grain elevators and grain storage facilities.
(7) "Unmanned aircraft system" means an unmanned, powered aircraft that does not
carry a human operator, can be autonomous or remotely piloted or operated, and can be
expendable or recoverable. "Unmanned aircraft system" does not include any of the
following:
(a) A satellite orbiting the earth.
(b) An unmanned aircraft system used by the federal government or a person who
is acting pursuant to contract with the federal government to conduct surveillance of specific
activities.
(c) An unmanned aircraft system used by the state government or a person who is
acting pursuant to a contract with the state government to conduct surveillance of specific
activities.
(d) An unmanned aircraft system used by a local government law enforcement
agency or fire department.
(e) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business which is regulated by the Louisiana Public Service Commission
or by a local franchising authority or the Federal Communications Commission under the
Cable Television Consumer Protection and Competition Act of 1992 or of a municipal or
public utility, while acting in the course and scope of his employment or agency relating to
the operation, repair, or maintenance of a facility, servitude, or any property located on the
immovable property which belongs to such a business.
C.(1) Nothing in this Section shall prohibit a person from using an unmanned aircraft
system to conduct surveillance of, gather evidence or collect information about, or
photographically or electronically record his own property that is either of the following:
(a) Located on his own immovable property.
(b) Located on immovable property owned by another under a valid lease, servitude,
right-of-way, right of use, permit, license, or other right.
(2) Third persons retained by the owner of the property described in Paragraph (1)
of this Subsection shall not be prohibited under this Section from using an unmanned aircraft
system to conduct activities described in Paragraph (1) of this Subsection.
D. The provisions of this Section shall not apply to any of the following:
(1) Any person operating an unmanned aircraft vehicle or unmanned aircraft system
in compliance with federal law or Federal Aviation Administration authorization or
regulations or to any person engaged in agricultural commercial operations as defined in R.S.
3:41.
(2) The operation of an unmanned aircraft by institutions of higher education
conducting research, extension, and teaching programs in association with university
sanctioned initiatives.
E.(1) Whoever commits the crime of unlawful use of an unmanned aircraft system
as provided in Subparagraph (A)(1)(a) of this Section shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both.
(2) On a conviction for a second or subsequent offense as provided in Subparagraph
(A)(1)(a) of this Section, the offender shall be fined not less than five hundred dollars nor
more than four thousand dollars or imprisoned, with or without hard labor, for not less than
six months nor more than two years, or both. In addition to the sentence imposed pursuant
to this Paragraph, the court shall order the forfeiture of the unmanned aircraft system used
in connection with the offense and provide for the destruction, sale, or other disposition of
the unmanned aircraft system.
(3) Whoever commits the crime of unlawful use of an unmanned aircraft system as
provided in Subparagraph (A)(1)(b) of this Section shall be fined not more than two thousand
dollars or imprisoned for not more than six months, or both.
(4) On a conviction for a second or subsequent offense as provided in Subparagraph
(A)(1)(b) of this Section, the offender shall be fined not less than two thousand dollars nor
more than five thousand dollars or imprisoned, with or without hard labor, for not more than
one year, or both.
(5) Whoever commits the crime of unlawful use of an unmanned aircraft system as
provided in Subparagraph (A)(1)(c) of this Section shall be fined not less than two thousand
dollars nor more than five thousand dollars and imprisoned at hard labor for not more than
five years. In addition to the sentence imposed pursuant to this Paragraph, the court shall
order the forfeiture of the unmanned aircraft system used in connection with the offense and
provide for the destruction, sale, or other disposition of the unmanned aircraft system.
F. The provisions of this Section shall not apply to unmanned aircraft systems used
for motion picture, television, or similar production where the filming is authorized by the
property owner.
G.(1) A law enforcement officer or agency may take reasonable and necessary
mitigation measures against a threat posed by an unmanned aircraft system operating within
this state in a nefarious manner. Such measures may include but not be limited to any of the
following:
(a) The use of detection, tracking, and identification methods.
(b) The interception or disabling of an unmanned aircraft system through legal and
safe methods, including but not limited to jamming, hacking, or physical capture.
(2) A law enforcement officer or agency shall act pursuant to Paragraph (1) of this
Subsection only if there is reasonable suspicion that the unmanned aircraft system is involved
in criminal activity, poses an imminent threat to public safety, or is otherwise operating in
violation of state or federal law.