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What does "capture an image" mean under Texas state law?

45er

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Evidently legal flying of drones in Texas is going to be a rare occurrence unless "capturing an image" does not mean having a live feed during a flight. Title 4 Subtitle B Chapter 423 USE OF UNMANNED CRAFT makes it pretty clear that it is against the law to "capture images" over private property without the owner's permission. Since roughly 98% of Texas is privately owned, that doesn't give much area for the average drone owner to fly around. The entire regulation evolves around "capturing an image" as being the illegal act, and it is a class C misdemeanor if you sell or give that image. Now, when you're flying around and the camera is giving you live feed "so you'll know where you're going", but your not "capturing" images via still or video photography, is that considered "capturing". If you put a piece of black tape over the lens of the drone's camera and fly around, would that be totally legal? It's confusing for sure, but if "capturing" is defined as anytime an image is being transmitted back to a receiver, regardless of whether or not it is being "captured" onto a storage device, the law is being broken the vast majority of the time any drone over Texas is in the air.
 
I can't answer your question but your question raises the following questions.
In Texas what rules govern ...
a) the taking of photographs or video with a DSLR etc.?
b) news program helicopters shooting video?
Any disparity would surely lead to legal challenges.
 
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Evidently legal flying of drones in Texas is going to be a rare occurrence unless "capturing an image" does not mean having a live feed during a flight.
Is going to be ???
This has been law since 2013 and doesn't seem to have stopped drones flying in Texas.

Title 4 Subtitle B Chapter 423 USE OF UNMANNED CRAFT makes it pretty clear that it is against the law to "capture images" over private property without the owner's permission.
Here's the relevant section of the legislation.
Note the part I underlined.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.
The entire regulation evolves around "capturing an image" as being the illegal act
Capturing the image isn't what's critical at all.
Read the underlined part again.
 
Is going to be ???
This has been law since 2013 and doesn't seem to have stopped drones flying in Texas.


Here's the relevant section of the legislation.
Note the part I underlined.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.

Capturing the image isn't what's critical at all.
Read the underlined part again.
This was mostly aimed at law enforcement conducting surveillance from a drone that could not be done off the private property. LE is now required to get a warrant to conduct surveillance over private property, much like getting a warrant for a phone tap. There are some emergency exceptions.
 
with the intent to conduct surveillance on the individual or property captured in the image.

The ambiguity here is obvious. This is not a hypothetical situation. In my case, it was my brother who was innocently flying his drone from his property on a golf course (which is not operational right now) just to show a friend his drone. He was not photographing or videoing anything and his "intent" was only to show his friend his drone. The owner of the development drove up and commenced an irate tirade against my brother, threatening to put an injunction on him and prosecute him for spying on his property. This owner is a jerkwad eccentric millionaire hellbent on destroying the relationship with every homeowner in the subdivision, but that's irrelevant.

If no pictures are taken, how can anyone prove someone's "intent"? The relevant question is, could the owner of the golf course successfully prosecute my brother or obtain a legitimate restraining order against him if he had no proof that any pictures or videos were "captured"?

Additionally, that's an interesting concept regarding regular photographs from land. If I'm in my front yard and take a picture of my grandkids and my neighbors land is in the background, how can I prove my intent was not to conduct surveillance on his property? The whole thing is ridiculous, but real!
 
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If no pictures are taken, how can anyone prove someone's "intent"?
The relevant question is, could the owner of the golf course successfully prosecute my brother or obtain a legitimate restraining order against him if he had no proof that any pictures or videos were "captured"?
The relevant question is: Can anyone prove the drone was being flown with the intent to carry out surveillance?
Unless they can, there's no case to answer.
Additionally, that's an interesting concept regarding regular photographs from land. If I'm in my front yard and take a picture of my grandkids and my neighbors land is in the background, how can I prove my intent was not to conduct surveillance on his property?
Is there any law that says you can't capture an image that includes part of your neighbour's property?
 
Link: CHAPTER 423. USE OF UNMANNED AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property.
In Texas, you can't even use a drone to smell your neighbour. ?
 
Is going to be ???
This has been law since 2013 and doesn't seem to have stopped drones flying in Texas.


Here's the relevant section of the legislation.
Note the part I underlined.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.

Capturing the image isn't what's critical at all.
Read the underlined part again.
Thank You Very Much!
 
The drone randomly captures images even if we never click the button. As the laws get tighter, more of us will just fly illegally and take our chances.
 
Thanks - I was looking for a clarification of Sec. 423.003
 
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I get the "over a jail" part - Drugs and other contraband items are smuggled into correctional facilities with drones.
 
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