Stricken language would be deleted from and underlined language would be added to present law.
Act 597 of the Regular Session
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State of ArkansasAs Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1148 3
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By: Representatives Vaught, Milligan 5
By: Senator B. Johnson 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS PRIVACY ACT; TO ADDRESS 9
CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT SYSTEMS; 10
AND FOR OTHER PURPOSES. 11
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13
Subtitle 14
TO CREATE THE ARKANSAS PRIVACY ACT; AND 15
TO ADDRESS CERTAIN IMAGES CAPTURED BY 16
UNMANNED AIRCRAFT SYSTEMS. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. DO NOT CODIFY. Title. 21
This act shall be known and may be cited as the “Arkansas Privacy Act”. 22
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SECTION 2. Arkansas Code § 5 -60-103 is amended to read as follows: 24
5-60-103. Unlawful use of an unmanned aircraft system related to 25
infrastructure — Unlawful use of an unmanned aircraft system related to 26
images. 27
(a) As used in this section: 28
(1) “Critical infrastructure” means: 29
(A) An electrical power generation or delivery system; 30
(B) A petroleum refinery; 31
(C) A chemical or rubber manufacturing facility; 32
(D) A petroleum or chemical storage facility; 33
(E) A railroad operating facility; 34
(F) A communication tower or facility or a communications 35
or broadband wireline facility ; 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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(G) A food processing or manufacturing facility; or 1
(H) A correctional or detention facility; and or 2
(I) A natural gas distribution or transmission line, 3
natural gas facility, or natural gas storage; 4
(2)(A) "Image" means a capturing of sound waves, thermal, 5
infrared, ultraviolet, or visible light, or other electromagnetic waves, 6
odor, or other conditions existing on or about real property or an individual 7
located on the real property; and 8
(3)(A) “Unmanned aircraft system” means an unmanned, powered 9
aircraft that: 10
(i) Does not carry a human operator; 11
(ii) Can be autonomous or remotely piloted or 12
operated; and 13
(iii) Can be expendable or recoverable. 14
(B) “Unmanned aircraft system” does not include: 15
(i) A satellite orbiting the earth; 16
(ii) An unmanned aircraft system used by the United 17
States Government or a person who is acting pursuant to contract with the 18
United States Government to conduct surveillance of specific critical 19
infrastructure; 20
(iii) An unmanned aircraft system used by the state 21
after consultation with the Governor or a person who is acting under contract 22
with the state to conduct surveillance of specific critical infrastructure; 23
(iv) An unmanned aircraft system used under a 24
certificate of authorization issued by the operated by a person for a 25
commercial purpose pursuant to and in compliance with Federal Aviation 26
Administration regulations, authorizations, or exemptions ; or 27
(v) An unmanned aircraft used by a law enforcement agency, emergency 28
medical service agency, hazardous materials response team, disaster 29
management agency, or other emergency management agency for the purpose of 30
incident command, area reconnaissance, personnel and equipment deployment 31
monitoring, training, or a related purpose . 32
(b) A person commits the offense of unlawful use of an unmanned 33
aircraft system related to critical infrastructure if he or she knowingly 34
uses an unmanned aircraft system to conduct surveillance of, gather evidence 35
or collect information about, or photographically or electronically record 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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critical infrastructure without the prior written consent of the owner of the 1
critical infrastructure. 2
(c) This Subsection (b) of this section does not prohibit: 3
(1)(A) A person from using an unmanned aircraft system to 4
conduct surveillance of, gather evidence or collect information about, or 5
photographically or electronically record his or her own property that is: 6
(i) Located on his or her own immovable property; or 7
(ii) Located on immovable property owned by another 8
person under a valid lease, servitude, right -of-way, right of use, permit, 9
license, or other right. 10
(B) A third person retained by the owner of the property 11
described in subdivision (c)(1)(A) of this section to conduct activities 12
described in subdivision (c)(1)(A) of this section is not prohibited under 13
this section from using an unmanned aircraft system to conduct the activities 14
described in this subdivision (c)(1); or 15
(2) An insurance company or a person acting on behalf of an 16
insurance company from using an unmanned aircraft system for purposes of 17
underwriting an insurance risk or investigating damage to insured property ; 18
(3) A law enforcement officer performing his or her official 19
duties; or 20
(4) The Arkansas Department of Transportation, the State Highway 21
Commission, a city or county department of public works, or a contractor, 22
consultant, employee, or state entity that is a partner of the department, 23
commission, or a city or county department of public works from using an 24
unmanned aircraft system to perform work authorized by the department, 25
commission, or a city or county department of public works. 26
(d) Unlawful use of an unmanned aircraft system related to critical 27
infrastructure is: 28
(1) A Class B misdemeanor; or 29
(2) A Class A misdemeanor for a second or subsequent offense. 30
(e)(1) A person commits the offense of unlawful use of an unmanned 31
aircraft system related to images if the person purposely uses an unmanned 32
aircraft system to capture an image of an individual or private property with 33
the purpose to conduct surveillance on the individual or private property 34
captured in the image. 35
(2) It is a defense to prosecution under subdivision (e)(1) of 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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this section that the person: 1
(A) Destroyed the image: 2
(i) As soon as the person had knowledge that the 3
image was captured in violation of this section; and 4
(ii) Without disclosing, displaying, or distributing 5
the image to another person; 6
(B) Captured the image lawfully as authorized under § 27 -7
118-101; or 8
(C) Captured the image as a law enforcement officer 9
performing his or her official duties. 10
(f) Unlawful use of an unmanned aircraft system related to images is a 11
Class C misdemeanor. 12
13
SECTION 3. Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended 14
to add an additional section to read as follows: 15
5-60-126. Unlawful possession, disclosure, display, distribution, or 16
use of an image captured by an unmanned aircraft system. 17
(a) A person commits the offense of unlawful possession, disclosure, 18
display, distribution, or use of an image captured by an unmanned aircraft 19
system if the person: 20
(1) Captures an image in violation of § 5 -60-103; and 21
(2) Possesses, discloses, displays, distributes, or otherwise 22
uses the image captured in violation of § 5 -60-103. 23
(b) Unlawful possession, disclosure, display, distribution, or use of 24
an image captured by an unmanned aircraft system is a: 25
(1) Class C misdemeanor if the person only possessed an image in 26
violation of § 5-60-103; or 27
(2) Class B misdemeanor if otherwise committed. 28
(c) Each image a person possesses, discloses, displays, distributes, 29
or otherwise uses in violation of this section is a separate offense. 30
(d) It is a defense to prosecution under this section that the person: 31
(1) Destroyed the image as soon as the person had knowledge that 32
the image was captured in violation of § 5 -60-103 for a charge related to 33
possession; 34
(2) Stopped disclosing, displaying, distributing, or otherwise 35
using the image as soon as the person had knowledge that the image was 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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captured in violation of § 5 -60-103 for a charge related to disclosure, 1
display, distribution, or other use of an image; or 2
(3) Captured the image lawfully as authorized under § 27-118-3
101. 4
5
SECTION 4. Arkansas Code Title 16, Chapter 118, Subchapter 1, is 6
amended to add an additional section to read as follows: 7
16-118-119. Civil action for damages caused by violation of §§ 5 -60-8
103 and 5-60-126 — Definition. 9
(a) As used in this section, "malice" means a specific intent by a 10
person to cause substantial injury or harm to an owner or tenant of private 11
real property. 12
(b) An owner or tenant of private real property may bring an action 13
against a person who, in violation of § 5 -60-103, captured an image of the 14
private real property or the owner or tenant of the private real property 15
while on the private real property, with a reasonable expectation of privacy 16
to: 17
(1) Enjoin a violation or imminent violation of § 5 -60-103 or § 18
5-60-126; 19
(2) Recover a civil damage of: 20
(A) Five thousand dollars ($5,000) for all images captured 21
in a single episode in violation of § 5 -60-103; or 22
(B) Ten thousand dollars ($10,000) for disclosure, 23
display, distribution, or other use of an image captured in a single episode 24
in violation of § 5-60-126; or 25
(3) Recover actual damages if the person who captured the image 26
in violation of § 5-60-103 discloses, displays, or distributes the image with 27
malice. 28
(c) For purposes of recovering the civil damages or actual damages 29
under subsection (b) of this section: 30
(1) All owners of a parcel of real property are considered to be 31
a single owner; and 32
(2) All tenants of a parcel of real property are considered to 33
be a single tenant. 34
(d) In addition to the civil damages and actual damages authorized 35
under this section, the court shall award court costs and reasonable 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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attorney’s fees to the prevailing party in an action under this section. 1
(e) An action brought under this section shall be commenced within two 2
(2) years from the date the image was: 3
(1) Captured in violation of § 5 -60-103; or 4
(2) Initially disclosed, displayed, distributed, or otherwise 5
used in violation of § 5 -60-126. 6
7
SECTION 5. Arkansas Code Title 27, Subtitle 8, is amended to add an 8
additional chapter to read as follows: 9
CHAPTER 118 10
UNMANNED AIRCRAFT SYSTEMS 11
12
27-118-101. Use of unmanned aircraft system to capture image. 13
(a) As used in this section, "unmanned aircraft system" means the same 14
as defined in § 5-60-103. 15
(b) It is lawful to capture an image using an unmanned aircraft system 16
in this state: 17
(1) For the purposes of professional research, scholarly 18
research and development, educational, agricultural, or athletic purposes, 19
gathering data for modeling, or the collection of data to further a body of 20
knowledge by a person acting on behalf of an institution of higher education 21
or the Arkansas State Game and Fish Commission , including without limitation 22
a person who is: 23
(A) A professor, an employee, or a student of the 24
institution of higher education; 25
(B) Under contract with or otherwise acting under the 26
direction of or on behalf of the institution of higher education; or 27
(C) A biologist of the Arkansas State Game and Fish 28
Commission; 29
(2) In airspace designated as a test site or range authorized by 30
the Federal Aviation Administration for the purpose of integrating unmanned 31
aircraft systems into the national airspace; 32
(3) As part of an operation, exercise, or mission of the United 33
States Armed Forces; 34
(4) If the image is captured by a satellite for the purposes of 35
mapping; 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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(5) If the image is captured by or for an electric utility, 1
natural gas utility, or water and wastewater utility: 2
(A) For operations and maintenance of utility facilities 3
for the purpose of maintaining utility system reliability and integrity; 4
(B) For inspecting utility facilities to determine repair, 5
maintenance, or replacement needs during and after construction of the 6
facilities; 7
(C) For assessing vegetation growth for the purpose of 8
maintaining clearances on utility easements; and 9
(D) For utility facility routing and siting for the 10
purpose of providing utility service; 11
(6) With the consent of the individual who owns or lawfully 12
occupies the real property captured in the image; 13
(7) Pursuant to a valid search warrant executed by the 14
following: 15
(A) The Arkansas State Game and Fish Commission; 16
(B) A Division of Arkansas State Police officer; 17
(C) A sheriff; 18
(D) The Arkansas Highway Police Division of the Arkansas 19
Department of Transportation; or 20
(E) A city or county law enforcement officer; 21
(8) If the image is captured by a law enforcement agency or a 22
person who is under contract with or otherwise acting under the direction of 23
or on behalf of a law enforcement agency: 24
(A) In immediate pursuit of a person that law enforcement 25
officers have reasonable suspicion or probable cause to suspect has committed 26
an offense; 27
(B) For the purpose of investigating a crime scene or 28
documenting a crime scene where an offense has been committed; 29
(C) For the purpose of investigating the scene of a: 30
(i) Human fatality; 31
(ii) Motor vehicle accident, boating accident, or 32
hunting accident causing death or serious bodily injury to a person; 33
(iii) Motor vehicle accident on a state highway or 34
federal interstate or highway; or 35
(iv) Boating accident on public waters of this 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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state; 1
(D) In connection with the search for a missing person; 2
(E) For the purpose of conducting a high -risk tactical 3
operation that poses a threat to human life; 4
(F) Of private property that is generally open to the 5
public where the property owner consents to law enforcement public safety 6
activities; or 7
(G) For the purpose of conducting a search and rescue 8
operation; 9
(9) If the image is captured by a state or local law enforcement 10
agency, or a person who is under contract with or otherwise acting under the 11
direction of or on behalf of a state or local law enforcement agency for the 12
purpose of: 13
(A) Surveying the scene of a catastrophe or other damage 14
to determine whether a state of emergency should be declared; 15
(B) Preserving public safety, protecting property, or 16
surveying damage or contamination during a lawfully declared state of 17
emergency; or 18
(C) Conducting routine air quality sampling and 19
monitoring, as provided by state or local law; 20
(10) At the scene of a spill, or a suspected spill, of hazardous 21
materials; 22
(11) For the purpose of fire suppression; 23
(12) For the purpose of rescuing a person whose life or well -24
being is in imminent danger; 25
(13) If the image is captured by an Arkansas -licensed real 26
estate broker in connection with the marketing, sale, or financing of real 27
property, provided that no individual is identifiable in the image; 28
(14) From a height no more than eight feet (8') above ground 29
level in a public place, if the image was captured without using any 30
electronic, mechanical, or other means to amplify the image beyond normal 31
human perception; 32
(15) Of public real property or property of a state -supported 33
institute of higher education or a person on the public real property or 34
property of a state-supported institute of higher education; 35
(16) If the image is captured: 36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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(A) By the owner or operator of an oil, gas, water, or 1
other pipeline for the purpose of inspecting, maintaining, or repairing 2
pipelines or other related facilities; and 3
(B) Without the intent to conduct surveillance on an 4
individual or real property; 5
(17) In connection with oil pipeline safety and rig protection; 6
(18) In connection with port authority surveillance and 7
security; 8
(19) By an assessor with the consent of the owner of the 9
property; 10
(20) By a surveyor within the Department of Transformation and 11
Shared Services for mapping and land surveying tasks; 12
(21) If the image is captured by an employee, consultant, 13
contractor, or other person acting on behalf of the Arkansas Department of 14
Transportation, State Highway Commission, Arkansas Highway Police Division of 15
the Arkansas Department of Transportation, or a city or county department of 16
public works; 17
(22) If the image is captured by an employee of an insurance 18
company or an affiliate of an insurance company in connection with the 19
underwriting of an insurance policy, or the rating or adjusting of an 20
insurance claim, regarding real property or a structure on real property; 21
(23) By an engineer or surveyor licensed in the State of 22
Arkansas for the purpose of: 23
(A) Mapping and land surveying tasks; 24
(B) Collecting geographical information system data 25
supporting public or private infrastructure; 26
(24) For the operation by or on behalf of an owner or operator 27
of a critical infrastructure facility for the purpose of siting, deploying, 28
inspecting, monitoring, operating, or maintaining the facility; or 29
(25) If the image is captured by the Arkansas State Game and 30
Fish Commission while conducting fish, wildlife, or habitat surveys or if 31
reasonable suspicion exists that a violation of an Arkansas State Game and 32
Fish Commission regulation has occurred or is about to occur. 33
(c) This section does not apply to the manufacture, assembly, 34
distribution, or sale of an unmanned aircraft. 35
36 As Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25 HB1148
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APPROVED: 4/14/25 4
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