NH Drone laws proposed

[Magpie]

New Hampshire SB49 | 2025 | Regular Session

Bill Text (2025-01-23) Establishing the crime of and penalties for unlawful use of unmanned aircraft systems. [Hearing: 01/28/2025, Room 100, State House, 01:00 pm; Senate Calendar 7]

legiscan.com

Interesting that they are trying to establish a bunch of misdemeanor/felony charges for specific drone-based violations. Do other states have anything similar, or is this normally left to Federal enforcement and/or general state laws like property damage / negligence?

Also, there appear to be some conflicts with FAA rules, specifically around the hazardous equipment section (things you could get waivers for in some legitimate cases). Personal opinion, but I also don't like the "interferes with law enforcement" language as that feels like it could get easily abused by someone having a bad day.

Thoughts?

 

[Vic Moss]

This looks fine. It's a good law.

 

[Magpie]

That's good to hear, I always get a little nervous when new legislation starts to come through and what legalese to look out for that can end up being problematic.

The prison one is interesting as it looks like only the federal level prisons have the restrictions established here, but it seems like it should probably be all of them. Vic, do you know if states are able to work with the FAA to get other state level facilities of concern covered by flight restrictions that will show up in B4UFLY, or is that still a bit of a process? Should be common sense not to fly over them anyways, but you know how people are...

 

[tstr14]

This looks fine. It's a good law.

"or violates any provisions of RSA 644:9."

Unless you know the contents of RSA 644:9, how do you know it's a "good law"?

 

[Magpie]

"or violates any provisions of RSA 644:9."

Unless you know the contents of RSA 644:9, how do you know it's a "good law"?

Quick search shows that it's the state standard privacy laws: Section 644:9 Violation of Privacy.

I would think those would basically be in effect now anyways related to any situation, including drones, and this just more explicitly spells that out?

 

[tstr14]

Quick search shows that it's the state standard privacy laws: Section 644:9 Violation of Privacy.

I would think those would basically be in effect now anyways related to any situation, including drones, and this just more explicitly spells that out?

Maybe. Part of that section states:
"IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9,"

And RSA 627:9 states in part:
"I. "Curtilage" means those outbuildings which are proximately, directly and intimately connected with a dwelling, together with all the land or grounds surrounding the dwelling such as are necessary, convenient, and habitually used for domestic purposes."

An over-zealous prosecutor could construe 644:9 as meaning a drone is subject to the same limitations under 627:9 as a person and thus attempt to charge the PIC of a misdemeanor for flying over (thereby 'entering') private property.

And before you scoff, prosecutors in my state used to prosecute and put people on the "sex offender" if caught urinating in public, because of a law that said anyone who exposed themselves were sexual offenders. So, if you were on an extended hike and needed to relieve yourself, you risked jail, fines and being labeled a sex offender.