§ 217.850 — Correctional center, unlawful use of unmanned aircraft over, offense of — permissible acts — violation, penalty — signage to be posted.

Missouri § 217.850

• Jurisdiction: Missouri
• Title XIII: CORRECTIONAL AND PENAL INSTITUTIONS
• Ch. 217: Department of Corrections

Text

1.  A person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:

(1)  Operates an unmanned aircraft within a vertical distance of four hundred feet over a correctional center's secure perimeter fence; or

(2)  Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.

2.  For purposes of this section, "correctional center" shall include:

(1)  Any correctional center as defined in section 217.010 ;

(2)  Any private jail as defined in section 221.095 ; and

(3)  Any county or municipal jail.

3.  The provisions of this section shall not prohibit the operation of an unmanned aircraft by:

(1)  An employee of the correctional center at the direction of the chief administrative officer of the facility;

(2)  A person who has written consent from the chief administrative officer of the facility;

(3)  An employee of a law enforcement agency, fire department, or emergency medical service in the exercise of official duties;

(4)  A government official or employee in the exercise of official duties;

(5)  A public utility or a rural electric cooperative if:

(a)  The unmanned aircraft is used for the purpose of inspecting, repairing, or maintaining utility transmission or distribution lines or other utility equipment or infrastructure;

(b)  The utility notifies the correctional center before flying the unmanned aircraft, except during an emergency; and

(c)  The person operating the unmanned aircraft does not physically enter the prohibited space without an escort provided by the correctional center;

(6)  An employee of a railroad in the exercise of official duties on any land owned or operated by a railroad corporation regulated by the Federal Railroad Administration; or

(7)  A person operating an unmanned aircraft pursuant to and in compliance with any waiver issued by the Federal Aviation Authority under 14 C.F.R. Section 107.200 .

4.  The offense of unlawful use of unmanned aircraft over a correctional center shall be punishable as an infraction unless the person uses an unmanned aircraft for the purpose of:

(1)  Delivering a gun, knife, weapon, or other article that may be used in such manner to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;

(2)  Facilitating an escape from confinement under section 575.210 , in which case the offense is a class C felony; or

(3)  Delivering a controlled substance, as that term is defined under section 195.010 , in which case the offense is a class D felony.

5.  Each correctional center shall post a sign warning of the provisions of this section.  The sign shall be at least eleven inches by fourteen inches and posted in a conspicuous place.

Legislative History

(L. 2020 H.B. 1963)