ENROLLED
ACT No. 539
2016 Regular Session
HOUSE BILL NO. 19
BY REPRESENTATIVE DWIGHT
1 AN ACT
2 To amend and reenact R.S. 14:337(A), (D), and (E) and to enact R.S. 14:337(B)(3)(d) and
3 (4)(e), relative to unlawful use of an unmanned aircraft system; to prohibit use of an
4 unmanned aircraft system to conduct surveillance of, gather evidence or collect
5 information about, or photographically or electronically record a school, school
6 premises, or correctional facilities; to provide with respect to elements of the crime;
7 to provide for exceptions; to provide for applicability; to provide criminal penalties;
8 to provide relative to the definitions of school and school premises; and to provide
9 for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 14:337(A), (D), and (E) are hereby amended and reenacted and R.S.
12 14:337(B)(3)(d) and (4)(e) are hereby enacted to read as follows:
13 ยง337. Unlawful use of an unmanned aircraft system
14 A. Unlawful use of an unmanned aircraft system is either of the following:
15 the
16 (1) The intentional use of an unmanned aircraft system to conduct
17 surveillance of, gather evidence or collect information about, or photographically or
18 electronically record a targeted facility without the prior written consent of the owner
19 of the targeted facility.
20 (2) The intentional use of an unmanned aircraft system over the grounds of
21 a state or local jail, prison, or other correctional facility that incarcerates or detains
22 juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent
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1 for violations of criminal law without the express written consent of the person in
2 charge of that state or local jail, prison, or other correctional facility.
3 B. As used in this Section, the following definitions shall apply:
4 * * *
5 (3) "Targeted facility" means the following systems:
6 * * *
7 (d) School and school premises as defined by R.S. 14:40.6(B).
8 * * *
9 (4) "Unmanned aircraft system" means an unmanned, powered aircraft that
10 does not carry a human operator, can be autonomous or remotely piloted or operated,
11 and can be expendable or recoverable. "Unmanned aircraft system" does not include
12 any of the following:
13 * * *
14 (e) An unmanned aircraft system used by a person, affiliate, employee,
15 agent, or contractor of any business which is regulated by the Louisiana Public
16 Service Commission or by a local franchising authority or the Federal
17 Communications Commission under the Cable Television Consumer Protection and
18 Competition Act of 1992 or of a municipal or public utility, while acting in the
19 course and scope of his employment or agency relating to the operation, repair, or
20 maintenance of a facility, servitude, or any property located on the immovable
21 property which belongs to such a business.
22 * * *
23 D. The provisions of this Section shall apply unless preempted by applicable
24 federal law or by regulations adopted by the Federal Aviation Administration not
25 apply to any of the following:
26 (1) Any person operating an unmanned aircraft vehicle or unmanned aircraft
27 system in compliance with federal law or Federal Aviation Administration
28 authorization or regulations.
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1 (2) The operation of an unmanned aircraft by institutions of higher education
2 conducting research, extension, and teaching programs in association with university
3 sanctioned initiatives.
4 E.(1) Whoever commits the crime of unlawful use of an unmanned aircraft
5 system as provided in Paragraph (A)(1) of this Section shall be fined not more than
6 five hundred dollars, or imprisoned for not more than six months, or both.
7 (2) On a conviction for a second or subsequent offense as provided in
8 Paragraph (A)(1) of this Section, the offender shall be fined not less than five
9 hundred dollars nor more than two thousand dollars, or imprisoned, with or without
10 hard labor, for not less than six months nor more than one year, or both.
11 (3) Whoever commits the crime of unlawful use of an unmanned aircraft
12 system as provided in Paragraph (A)(2) of this Section shall be fined not more than
13 two thousand dollars, or imprisoned for not more than six months, or both.
14 (4) On a conviction for a second or subsequent offense as provided in
15 Paragraph (A)(2) of this Section, the offender shall be fined not less than two
16 thousand dollars nor more than five thousand dollars, or imprisoned, with or without
17 hard labor, for not more than one year, or both.
18 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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