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RSA 644:23 · Unlawful Operation or Use of Small Unmanned Aircraft System

Title
LXII: CRIMINAL CODE
Chapter
644 · BREACHES OF THE PEACE AND RELATED OFFENSES
Status
current
Official source linked
Yes
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644:23 Unlawful Operation or Use of Small Unmanned Aircraft System. –

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I.

As used in this section:

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(a)

"Aircraft" shall mean "aircraft" as it is defined in RSA 422:3, VI.

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(b)

"Operation" or "operate" shall mean "operation of aircraft" or "operate aircraft" as those terms are defined in RSA 422:3, XXII.

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(c)

"Small unmanned aircraft" shall mean "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a.

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(d)

"Small unmanned aircraft system" shall mean "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b.

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II.

A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small unmanned aircraft system in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 C.F.R. part 107.

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III.

A person is guilty of a misdemeanor if such a person operates a small unmanned aircraft system that interferes with law enforcement, firefighting, or other emergency response operations, or violates any provisions of RSA 644:9. News media personnel are exempt from this provision as long as they:

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(a)

Comply with FAA Small Unmanned Aircraft Systems Rule, 14 C.F.R. part 107;

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(b)

Possess a valid FAA-issued certificate of waiver or authorization (COA) for the operation of a drone for news gathering purposes;

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(c)

Do not operate the drone in any way that jeopardizes the safety of law enforcement, other emergency response personnel in the performance of their duties, or others on the ground; and

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(d)

Follow directives from the agency in charge of the scene, including requests to alter or cease operations.

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IV.

A person is guilty of:

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(a)

A class A misdemeanor if such person negligently operates a small unmanned aircraft system in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.

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(b)

A class B felony if such operation results in damage to a human-occupied aircraft in flight.

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(c)

A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.

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V.

A person is guilty of a misdemeanor if such a person operates a small unmanned aircraft system in FAA-restricted airspace over the property of a federal, state, or county correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.

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VI.

A person is guilty of a class B felony if such person is knowingly in possession of or operates a small unmanned aircraft system equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile. Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small unmanned aircraft system for the disposal of explosives, bombs, and hazardous devices. Law enforcement's use of a small unmanned aircraft system to deploy distraction or disorientation devices is exempt from this provision.

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VII.

This provision shall not apply to any law enforcement officer acting pursuant to his or her lawful authority. Source. 2025, 278:1, eff. Jan. 1, 2026.

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Source note

Source. 2025, 278:1, eff. Jan. 1, 2026.

Source history

  • 2025, 278:1, eff. Jan. 1, 2026

Related materials

Bill relationships

  • 2026 HB1013 amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB1013-FN amend

    wherein the object is to capture a pig. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Contests Involving Pigs. Amend RSA 644 by inserting after section 8-g the following new section: 644:8-h Contests Involving Pigs. In order to promote an educational, humane, and safe event for contestants, livestock, and viewers, and in consultation with l

  • 2026 HB1289 amend · effective 2027-01-01

    . Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraph: VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to enter onto the land or into the airspac

  • 2026 HB1289-FN amend · effective 2027-01-01

    . Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraph: VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to enter onto the land or into the airspac

  • 2026 HB1291 amend · effective 2027-01-01

    Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraphs; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraphs: VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to operate over any sporting event, conc

  • 2026 HB1291-FN amend · effective 2027-01-01

    Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraphs; Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23 by inserting after paragraph VII the following new paragraphs: VIII. A person is guilty of a class A misdemeanor when the person knowingly uses a small unmanned aircraft system to operate over any sporting event, conc

  • 2026 HB293 amend · effective 2026-01-01

    son who disables a filter may be subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manu

  • 2026 HB293-FN amend · effective 2026-01-01

    subject to criminal prosecution under RSA 644:9-b. 3 New Section; Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. Amend RSA 644 by inserting after section 9-a the following new section: 644:9-b Disabling an Electronic Device Filter for the Purpose of Allowing Access to Obscene Material by a Minor. I. The terms "device", "filter", "manufactur

  • 2026 SB49 amend

    craft systems. Be it Enacted by the Senate and House of Representatives in General Court convened: 6:1 Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23, II to read as follows: II. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small unmanned aircraft system in violation of laws

  • 2026 SB49-FN amend

    craft systems. Be it Enacted by the Senate and House of Representatives in General Court convened: 6:1 Unlawful Operation or Use of Small Unmanned Aircraft System. Amend RSA 644:23, II to read as follows: II. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small unmanned aircraft system in violation of laws

  • 2026 SB519 amend · effective 2027-01-01

    lication, and to this end the provisions of this chapter are declared to be severable. 2 New Subparagraphs; Unlawful Operation or Use of a Small Unmanned Aircraft System. Amend RSA 644:23, I by inserting after subparagraph (d) the following new subparagraphs: (e) "Imaging device" means any technology capable of recording or transmitting images, sound, or data. (f)(1) “Surveillance” means: (A) Wit

  • 2026 SB519-FN amend · effective 2027-01-01

    lication, and to this end the provisions of this chapter are declared to be severable. 2 New Subparagraphs; Unlawful Operation or Use of a Small Unmanned Aircraft System. Amend RSA 644:23, I by inserting after subparagraph (d) the following new subparagraphs: (e) "Imaging device" means any technology capable of recording or transmitting images, sound, or data. (f)(1) “Surveillance” means: (A) Wit