arkansas state flagArkansas has 2 laws that focus on recording with a camera on a drone and criminal penalties for using drones in an unlawful manner. House Bill HB 1349 (not a law) entitled “AN ACT CONCERNING THE USE OF AN UNMANNED VEHICLE OR AIRCRAFT TO COMMIT THE OFFENSE OF VOYEURISM OR VIDEO VOYEURISM; AND FOR OTHER PURPOSES” would make it unlawful for anyone to use a camera on a drone (really on anything else for that manner) that is able “to escape detection or “disguised to secretly or surreptitiously” record anyone who has a reasonable expectation of privacy.

You may visit Arkansas General Assembly and search for drone and unmanned aerial in the search bar for further research.

Do not forget to always abide by the FAA regulations  no matter where you fly.

Do:

  • Fly your Drone below 400 FT
  • Fly with local clubs
  • Inspect your aircraft before you fly
  • Take a lesson before you fly

Don’t

  • Don’t fly your drone beyond line of sight
  • Don’t fly near airports or any manned aircraft
  • Don’t fly near people or stadiums
  • Don’t be careless or reckless, you could be fined if you endanger people or other aircraft
  • Don’t fly anything that weighs more than 55lbs.
  • Don’t fly for payment or commercial purposes unless specifically authorized by the FAA

 

In addition HB 1770 (not a law) entitled “AN ACT CONCERNING THE REGULATION OF AERONAUTICS; TO RESTRICT THE USE OF UNMANNED AIRCRAFT SYSTEMS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR CRIMINAL PENALTIES AND CIVIL LIABILITY; AND FOR OTHER PURPOSES” defines what specifically is an Unmanned aircraft system is and that a violation of the law may result in a class A or B misdemeanor paired with a fine up to $10,000.

 

HB 1349AN ACT CONCERNING THE USE OF AN UNMANNED VEHICLE OR AIRCRAFT TO COMMIT THE OFFENSE OF VOYEURISM OR VIDEO VOYEURISM; AND FOR OTHER PURPOSES

SECTION 1. Arkansas Code § 5-16-101(b), concerning the offense of video voyeurism, is amended to read as follows:

It is unlawful to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, flown in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means a person:

(1) For the purpose of viewing any portion of the person’s body that is covered with clothing and for which the person has a reasonable expectation of privacy

(2) Without the knowledge or consent of the person being videotaped, filmed, photographed, recorded, or viewed by electronic means;

(3) Under circumstances in which the person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.

SECTION 2. Arkansas Code § 5-16-102(b), concerning the offense of  voyeurism, is amended to read as follows: (b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:

(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or

(2) Enters personally or through the use of an unmanned vehicle or aircraft another person’s private property without the other person’s consent and looks into any person’s dwelling unit if all of the following apply:

(A) The person looks into the dwelling with the intent purpose to intrude upon or interfere with a person’s privacy;

(B) The person looks into a part of the dwelling in which an individual is present;

(C) The individual present has a reasonable expectation of privacy in that part of the dwelling; and

(D) The individual present does not consent to the person’s looking into that part of the dwelling.

HB 1770AN ACT CONCERNING THE REGULATION OF AERONAUTICS; TO RESTRICT THE USE OF UNMANNED AIRCRAFT SYSTEMS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR CRIMINAL PENALTIES AND CIVIL LIABILITY; AND FOR OTHER PURPOSES

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended to add an additional section to read as follows: 27 5-60-103.

Unlawful use of unmanned aircraft system.

(a) As used in this section: (1)(A) “Unmanned aircraft system” means an unmanned, powered aircraft that:

(i) Does not carry a human operator;

(ii) Can be autonomous or remotely piloted or operated; and

(iii) Can be expendable or recoverable.

(B) “Unmanned aircraft system” does not include:

(i) A satellite orbiting the earth;

(ii) An unmanned aircraft system used by the federal government or a person who is acting pursuant to contract with the federal government to conduct surveillance of specific critical infrastructure;

(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure; (iv)(a) An unmanned aircraft system used pursuant to prior written authorization of the Arkansas Department of Emergency Management.

(b) The department shall provide standards for authorizations under subdivision (a)(1)(B)(iv)(a) of this section in rules adopted in accordance with the Administrative Procedure Act, § 25-15-201, et 13 seq., after consultation with the Governor;

(v) An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or

(vi) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose; and

(2) “Critical infrastructure” means:

(A) An electrical power generation or delivery system;

(B) A petroleum refinery;

(C) A chemical or rubber manufacturing facility; or

(D) A petroleum or chemical storage facility.

(b) A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.

(c) This section does not prohibit:

(1)(A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is:

(i) Located on his or her own immovable property; or

(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in subdivision (c)(1) of this section;

(2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property.

(d) Unlawful use of unmanned aircraft system is:

(1) A Class B misdemeanor; or

(2) A Class A misdemeanor for a second or subsequent offense.

SECTION 2. Arkansas Code Title 16, Chapter 118, is amended to add an additional section to read as follows: 18 16-118-111. Civil actions for against operators of an unmanned aircraft system.

A person who violates § 5-60-103 is also liable to the owner of the critical infrastructure that is the subject of the violation as follows:

(1) Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater;

(2) Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and

(3) The costs of an action brought under this section, together with reasonable attorney’s fees as determined by the court.