§ 837.365 — Weaponized unmanned aircraft systems; penalties

Oregon § 837.365

• Jurisdiction: Oregon
• Vol.: 19
• Title 62: Aviation
• Ch. 837: Aircraft Operation

Text

(1) Except as provided in subsection (3) of this section, a person may not intentionally, knowingly or recklessly operate or cause to be operated an unmanned aircraft system that is:
(a) Capable of firing a bullet or projectile; or
(b) Specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015.
(2)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class A misdemeanor.
(b) Violation of subsection (1) of this section is a Class C felony if the person intentionally, knowingly or recklessly operates an unmanned aircraft system and the unmanned aircraft system fires a bullet or projectile.
(c) Violation of subsection (1) of this section is a Class B felony if the person intentionally, knowingly or recklessly operates an unmanned aircraft system and the unmanned aircraft system:
(A) Fires a bullet or projectile that causes serious physical injury, as defined in ORS 161.015, to another person; or
(B)(i) Is specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015; and
(ii) The design or modification causes serious physical injury, as defined in ORS 161.015, to another person.
(3) Subsection (1) of this section does not apply if:
(a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;
(b) The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;
(c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;
(d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and
(e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.
(4) The notification requirement of subsection (3)(c) of this section does not apply to:
(a) A career school licensed under ORS 345.010 to 345.340;
(b) A community college as defined in ORS 341.005;
(c) A school;
(d) The Oregon Health and Science University;
(e) A public university listed in ORS 352.002; or
(f) An institution that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2).
(5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management.
(6) As used in this section, “school” means a public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents.

Legislative History

2013 c.686 §10; 2015 c.315 §9; 2016 c.72 §2; 2017 c.502 §1; 2018 c.120 §6