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ACT No. 661
Regular Session, 2014
HOUSE BILL NO. 1029
BY REPRESENTATIVES TERRY LANDRY, BADON, BROWN, GUILLORY,
HODGES, HONORE, HOWARD, AND NORTON
AN ACT1
To enact R.S. 14:336 and 337, relative to offenses against the public; to create the crimes of2
unlawful aiming of a laser at an aircraft and unlawful use of an unmanned aircraft3
system; to provide for definitions; to provide for criminal penalties; to provide for4
exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:336 and 337 are hereby enacted to read as follows: 7
§336. Unlawful aiming of a laser at an aircraft8
A. "Unlawful aiming of a laser at an aircraft" is the intentional projection of9
a laser on or at an aircraft or at the flight path of an aircraft in the aircraft jurisdiction10
of the state of Louisiana.11
B. For purposes of this Section, the following terms have the following12
meanings:13
(1) "Laser" means any device that projects a beam or point of light by means14
of light amplification by stimulated emission of radiation or any device that emits15
light which simulates the appearance of a laser.16
(2) "Police officer" shall include commissioned police officers, sheriffs,17
deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife18
enforcement agents, and probation and parole officers.19
C. The provisions of this Section shall not prohibit aiming of a laser at an20
aircraft by any of the following:21
(1) An authorized individual in the conduct of research and development or22
flight test operations conducted by an aircraft manufacturer, the Federal Aviation23 ENROLLEDHB NO. 1029
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Administration, or any other person authorized by the Federal Aviation1
Administration to conduct research and development or flight test operations.2
(2) Members or employees of the United States Department of Defense,3
United States Department of Homeland Security, or police officers acting in the4
course and scope of their official duties for the purpose of research, development,5
operations, testing, or training.6
(3) A person using a laser emergency signaling device to send an emergency7
distress signal.8
D.(1) Whoever commits the crime of unlawful aiming of a laser at an aircraft9
shall be imprisoned with or without hard labor for not less than one year nor more10
than five years and shall be fined two thousand dollars.11
(2) On a conviction for a second or subsequent offense, the offender shall be12
imprisoned with or without hard labor for not less than two years nor more than ten13
years and shall be fined four thousand dollars.14
§337. Unlawful use of an unmanned aircraft system15
A. Unlawful use of an unmanned aircraft system is the intentional use of an16
unmanned aircraft system to conduct surveillance of, gather evidence or collect17
information about, or photographically or electronically record a targeted facility18
without the prior written consent of the owner of the targeted facility.19
B. As used in this Section, the following definitions shall apply:20
(1) "Unmanned aircraft system" means an unmanned, powered aircraft that21
does not carry a human operator, can be autonomous or remotely piloted or operated,22
and can be expendable or recoverable. "Unmanned aircraft system" does not include23
any of the following:24
(a) A satellite orbiting the earth.25
(b) An unmanned aircraft system used by the federal government or a person26
who is acting pursuant to contract with the federal government to conduct27
surveillance of specific activities.28 ENROLLEDHB NO. 1029
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(c) An unmanned aircraft system used by the state government or a person1
who is acting pursuant to a contract with the state government to conduct2
surveillance of specific activities.3
(d) An unmanned aircraft system used by a local government law4
enforcement agency or fire department.5
(2) "Targeted facility" means the following systems:6
(a) Petroleum and alumina refineries.7
(b) Chemical and rubber manufacturing facilities.8
(c) Nuclear power electric generation facilities.9
(3) "Federal government" means the United States of America and any10
department, agency, or instrumentality thereof.11
(4) "State government" means the state of Louisiana and any department,12
agency, or instrumentality thereof.13
C.(1) Nothing in this Section shall prohibit a person from using an unmanned14
aircraft system to conduct surveillance of, gather evidence or collect information15
about, or photographically or electronically record his own property that is either of16
the following:17
(a) Located on his own immovable property.18
(b) Located on immovable property owned by another under a valid lease,19
servitude, right-of-way, right of use, permit, license, or other right.20
(2) Third persons retained by the owner of the property described in21
Paragraph (1) of this Subsection shall not be prohibited under this Section from using22
an unmanned aircraft system to conduct activities described in Paragraph (1) of this23
Subsection.24
D. The provisions of this Section shall apply unless preempted by applicable25
federal law or by regulations adopted by the Federal Aviation Administration.26
E.(1) Whoever commits the crime of unlawful use of an unmanned aircraft27
system shall be fined not more than five hundred dollars, or imprisoned for not more28
than six months, or both.29 ENROLLEDHB NO. 1029
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(2) On a conviction for a second or subsequent offense, the offender shall be1
fined not less than five hundred dollars nor more than two thousand dollars, or2
imprisoned, with or without hard labor, for not less than six months nor more than3
one year, or both.4
F. The provisions of this Section shall not apply to unmanned aircraft5
systems used for motion picture, television, or similar production where the filming6
is authorized by the property owner.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: