Navigating the Skies: Understanding Pennsylvania’s Unlawful Use of Unmanned Aircraft Charge

Introduction

As drone technology becomes more advanced and accessible, the need for laws governing their use has become increasingly important. In Pennsylvania, the Unlawful Use of Unmanned Aircraft statute addresses the illegal operation of drones and ensures the privacy and safety of citizens. In this blog post, we will discuss the specifics of this charge and its implications under Pennsylvania law. If you find yourself facing an Unlawful Use of Unmanned Aircraft charge, The McShane Firm is here to help you navigate the legal process.

Unlawful Use of Unmanned Aircraft (18 Pa. C.S. § 3505)

Under Pennsylvania law, it is illegal to operate an unmanned aircraft (drone) in a way that intentionally or knowingly puts another person in reasonable fear of bodily injury or endangers their property. The statute also prohibits the use of drones to conduct surveillance of another person in a private place without their consent or in a manner that violates their reasonable expectation of privacy. Finally, a drone used in connection to delivering or distributing “contraband” is also illegal.

The Unlawful Use of Unmanned Aircraft charge can result in various penalties, depending on the severity of the violation:

  • If the drone is used in connection with delivering contraband, this crime is charged as a felony of the second degree. Otherwise, the charge is considered a summary offense, which can result in a fine of up to $300 and a possible jail sentence of up to 90 days.

Exceptions and Exemptions

There are certain exceptions and exemptions to the Unlawful Use of Unmanned Aircraft statute in Pennsylvania. These include:

  1. Law enforcement officers and emergency responders who operate drones within the scope of their official duties. Firefighters likewise. EMS as well.
  2. Individuals who have received permission from the property owner or the individual being surveilled.
  3. Utilities companies in the scope of the their duties.
  4. Employees of government agencies in the scope of their duties.
  5. Operators of drones used for commercial purposes, provided they comply with Federal Aviation Administration (FAA) regulations and have the necessary permits and authorizations.

Conclusion

If you find yourself facing an Unlawful Use of Unmanned Aircraft charge in Pennsylvania, it’s crucial to have an experienced and knowledgeable legal team on your side. The McShane Firm has a deep understanding of Pennsylvania’s drone laws and can help you navigate the legal complexities of this charge. Don’t hesitate to contact us for expert legal representation and guidance on this matter.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.