Is That Drone Spying on You? Louisiana Drone Privacy Laws Explained
Twenty years ago most of us had never even heard of a drone, much less seen one.
However, since the recreational drone first appeared on the market in 2010, the volume of these small, unmanned aerial vehicles has shot through the roof.
While there's no "official" accounting of the actual number of drones in Louisiana, it's estimated there are approximately 35,000 to 45,000 recreational and commercial drones actively owned and operated across the state.
So, yes, they are literally all over, with some individuals just having fun flying them around, others making deliveries, and yet, some, are up to no good. Literally spying on others.
If that drone appears over your private property, you might wonder, is that operator in violation of Louisiana state law? The answer to that actually depends on a number of variables.
Of course, if you've kept up with Louisiana law over the past couple years, you probably saw that it's legal for law enforcement to ground any unmanned drone that is considered to be illegally operating.
Those drones considered by law enforcement to be illegal or unsafe can be taken down by means of jamming, hacking, or physical capture. With Governor Landry's signing this bill into law, some might wonder exactly what would constitute "illegal" or "unsafe" operation.
Under Louisiana Law, What Constitutes Illegal Or Unsafe Drone Operation?
The website uavcoach.com highlights a number of those occurrences where drone operation could be deemed illegal and could warrant grounding by local or state police.
One Louisiana law, SB 73 // 2016, has added a clause concerning the intentional crossing of a police cordon using a drone to the crime of obstructing an officer. This law also allows law enforcement or fire department personnel to disable UAS in the area if they endanger the public or an officer’s safety.
Another example of "illegal operation" is highlighted in Louisiana law, HB 19 // 2016, which prohibits using a drone to conduct surveillance of a school, school premises, or correctional facilities, and establishes a fine of up to $2,000 and up to six months in jail for violations.
Simply Flying Over Someone's Louisiana Property Doesn't Appear To Be Illegal
However, simply "flying over" someone's personal property with a drone doesn't appear to be in violation of Louisiana law, but SB 141 // 2016 establishes that surveillance by an unmanned aircraft constitutes criminal trespass, under certain circumstances.
Some of those circumstances could include the following:
- HB 635 // 2016 - This law adds the use of UAS to the crimes of voyeurism and video voyeurism in the state. (An example would be if the drone was intentionally flown over someone's backyard pool to video a person sunbathing)
- HB 1029 // 2014 - This law creates the crime of unlawful use of an unmanned aircraft system, defined as the intentional use of a drone to conduct surveillance of a targeted facility without the owner’s prior written consent.
So, should your party get crashed by a drone, any it bothers you or your guests, try to find the owner and ask them to stop.
If that gets you nowhere, you might use your phone to video the drone's presence and then make contact with law enforcement. Hopefully it never gets to that point, but if it does, you'll have the proof you need to make your case.