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18 U.S.C. § 40AOperation of unauthorized unmanned aircraft over wildfires

submitted 8 years ago by Pub. L. 115-254 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 203 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes it a federal crime to fly a drone that interferes with wildfire fighting or related emergency response. A person who does this knowingly or recklessly can be fined and imprisoned up to two years. Government drone operations for public safety are exempt.

(a) In general. It is a federal crime to operate a drone in a way that knowingly or recklessly interferes with wildfire suppression, or with law enforcement or emergency response efforts connected to fighting a wildfire. The punishment is a fine, up to 2 years in prison, or both. (b) Exceptions. This crime does not apply to drone flights by a federal, state, tribal, or local government unit or agency — including anyone flying under a contract with one of them — when the flight is for public safety, such as firefighting, law enforcement, or emergency response. (c) Definitions. (1) "Unmanned aircraft" has the same meaning as in 49 U.S.C. § 44801. (2) "Wildfire" has the same meaning as in section 2 of the Emergency Wildfire Suppression Act. (3) "Wildfire suppression" means any effort to contain, put out, or hold back a wildfire.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts 1 related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.

(b)Exceptions.—

This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.

(c)Definitions.—

In this section, the following definitions apply:

(1)Unmanned aircraft.—

The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.

(2)Wildfire.—

The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).

(3)Wildfire suppression.—

The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.

Source credit: (Added Pub. L. 115–254, div. B, title III, § 382(a), Oct. 5, 2018, 132 Stat. 3320.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3320

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.

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