SLS 16RS-174 ORIGINAL
2016 Regular Session
SENATE BILL NO. 141
BY SENATOR CLAITOR
CRIME/PUNISHMENT. Adds surveillance by unmanned aircraft to the crime of criminal
trespass. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:63(B) and (C), relative to criminal trespass; to provide that
3 surveillance by unmanned aircraft constitutes criminal trespass under certain
4 circumstances; to provide definitions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:63(B) and (C) are hereby amended and reenacted to read as
7 follows:
8 ยง63. Criminal trespass
9 * * *
10 B.(1) No person shall enter upon immovable property owned by another
11 without express, legal, or implied authorization.
12 (2) For purposes of this Subsection:
13 (a) The phrase "enter on immovable property" as used in this
14 Subsection, in addition to its common meaning, signification, and connotation,
15 shall include the operation of an unmanned aircraft system in the air space over
16 immovable property owned by another with the intent to conduct surveillance
17 of the property or of any individual lawfully on the property.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 141
SLS 16RS-174 ORIGINAL
1 (b) "Unmanned aircraft system" (UAS) means an aircraft that is
2 operated without the possibility of direct human intervention from on or within
3 the aircraft.
4 (c) The provisions of any other law notwithstanding, neither the owner
5 of the real property nor any person lawfully on the property shall be answerable
6 in damages to the owner of any UAS that is captured or disabled while being
7 operated in violation of this Subsection. The property owner or any person
8 lawfully on the property may retain possession of any UAS that is captured or
9 disabled while being operated in violation of this Subsection without liability to
10 the owner of the UAS.
11 C.(1) No person shall remain in or upon property, movable or immovable,
12 owned by another without express, legal, or implied authorization.
13 (2) For purposes of this Subsection:
14 (a) The phrase "remain upon property" as used in this Subsection, in
15 addition to its common meaning, signification, and connotation, shall include
16 the operation of an unmanned aircraft system in the air space over immovable
17 property owned by another with the intent to conduct surveillance of the
18 property or of any individual lawfully on the property.
19 (b) "Unmanned aircraft system" (UAS) means an aircraft that is
20 operated without the possibility of direct human intervention from on or within
21 the aircraft.
22 (c) The provisions of any other law notwithstanding, neither the owner
23 of the real property nor any person lawfully on the property shall be answerable
24 in damages to the owner of any UAS that is captured or disabled while being
25 operated in violation of this Subsection. The property owner or any person
26 lawfully on the property may retain possession of any UAS that is captured or
27 disabled while being operated in violation of this Subsection without liability to
28 the owner of the UAS.
29 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 141
SLS 16RS-174 ORIGINAL
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 141 Original 2016 Regular Session Claitor
Present law provides relative to criminal trespass.
Present law provides that no person is allowed to enter upon immovable property owned by
another, or remain in or upon property owned by another, without express, legal, or implied
authorization.
Proposed law retains present law and adds the following definitions for purposes of present
law:
(1)"Enter on immovable property" and "remain upon property" include the operation
of an unmanned aircraft system in the air space over immovable property owned by
another with the intent to conduct surveillance of the property or of any individual
lawfully on the property.
(2)"Unmanned aircraft system" (UAS) means an aircraft that is operated without the
possibility of direct human intervention from on or within the aircraft.
Proposed law provides that neither the owner of the real property nor any person lawfully
on the property is answerable in damages to the owner of any UAS that is captured or
disabled while being operated in violation of proposed law. Proposed law further provides
that the property owner or any person lawfully on the property may retain possession of any
UAS that is captured or disabled while being operated in violation of proposed law without
liability to the owner of the UAS.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:63(B) and (C))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.