House File 388 - IntroducedA Bill ForAn Act 1prohibiting the use of remotely piloted aircraft flying
2over certain property, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  715D.1  Definitions.
   2As used in this chapter:
   31.  “Agricultural animal” means an animal belonging to
4the bovine, caprine, equine, ovine, or porcine species; farm
5deer as defined in section 170.1; ostriches, rheas, or emus;
6turkeys, chickens, domestic geese or ducks, or other domestic
7fowl; or fish or other aquatic organisms confined in private
8waters for human consumption.
   92.  a.  “Convicted” means the entry of a judgment of
10conviction under chapter 901 or adjudicated delinquent for an
11act which is an indictable offense in this state or in another
12state under chapter 232.
   13b.  “Convicted” does not mean a plea, sentence, adjudication,
14deferred sentence, or deferred judgment which has been reversed
15or otherwise set aside.
   163.  “Homestead” means property which is a dwelling owned or
17leased by a person that is used as the principal residence for
18a person and includes up to four hundred feet of surrounding
19property owned or leased by the person.
   204.  “Remotely piloted aircraft” means a self-propelled
21vehicle used for navigation and flight, that is controlled by
22the use of an electronic system and is not designed to carry a
23human.
   245.  a.  “Secure farmstead area” means property owned or
25leased by a person where agricultural animals are confined
26and fed and maintained for forty-five days or more in any
27twelve-month period, and includes up to four hundred feet of
28surrounding property owned or leased by the person.
   29b.  “Secure farmstead area” includes an open feedlot as
30defined in section 459A.102, or a structure, including a barn
31or similar building, used to maintain agricultural animals.
   326.  “Surveillance device” means a camera or electronic
33equipment that transmits or records images, sounds, or data
34if the transmission or recording is capable of reasonably
35identifying any of the following:
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   1a.  The identity, physical appearance, conduct, or voice of
2an individual.
   3b.  The species of an agricultural animal.
   4c.  The unique physical characteristics of land or an
5improvement to land.
6   Sec. 2.  NEW SECTION.  715D.2  Intrusion by use of remotely
7piloted aircraft — offense.
   81.  A person commits intrusion by the use of a remotely
9piloted aircraft if the person knowingly does any of the
10following:
   11a.  Controls the flight of a remotely piloted aircraft over a
12homestead.
   13b.  Controls the flight of remotely piloted aircraft over a
14secure farmstead area.
   152.  a.  A person who commits intrusion by the use of a
16remotely piloted aircraft is guilty of a simple misdemeanor.
   17b.  Notwithstanding paragraph “a”, a person who commits
18intrusion by the use of a remotely piloted aircraft is guilty
19of a serious misdemeanor if the person has previously been
20convicted of any of the following:
   21(1)  Intrusion by the use of a remotely piloted aircraft as
22provided in this section.
   23(2)  Surveillance by the use of a remotely piloted aircraft
24as provided in section 715D.3.
25   Sec. 3.  NEW SECTION.  715D.3  Surveillance by use of remotely
26piloted aircraft — offense.
   271.  A person commits surveillance by the use of a remotely
28piloted aircraft if the person knowingly does any of the
29following:
   30a.  Controls the flight of a remotely piloted aircraft
31equipped with a surveillance device over a homestead.
   32b.  Controls the flight of a remotely piloted aircraft
33equipped with a surveillance device over a secure farmstead
34area.
   352.  a.  A person who commits surveillance by the use of a
-2-1remotely piloted aircraft is guilty of a serious misdemeanor.
   2b.  Notwithstanding paragraph “a”, a person who commits
3surveillance by the use of a remotely piloted aircraft
4is guilty of an aggravated misdemeanor if the person has
5previously been convicted of any of the following:
   6(1)  Intrusion by the use of a remotely piloted aircraft as
7provided in section 715D.2.
   8(2)  Surveillance by the use of a remotely piloted aircraft
9as provided in this section.
10   Sec. 4.  NEW SECTION.  715D.4  Injunctive relief —
11harassment.
   121.  A person who is the owner or lessee of a homestead or
13secure farmstead area may petition the district court to obtain
14an order for a temporary injunction to prevent the respondent
15from using any remotely piloted aircraft equipped with a
16surveillance device, if a preponderance of evidence indicates
17that the respondent is harassing the petitioner by controlling
18the flight of the remotely piloted aircraft over the person’s
19homestead or secure farmstead area. The court shall grant
20the temporary injunction for not more than two years. The
21court may continue the injunction upon a petition filed by the
22petitioner with the court prior to the order’s expiration.
   232.  If a court grants an order for a temporary injunction
24under subsection 1, the court may award the petitioner court
25costs, reasonable attorney fees, and expenses related to the
26petitioner’s investigation and adjudication of the case, which
27shall be taxed as part of the costs of the action.
28   Sec. 5.  NEW SECTION.  715D.5  Exceptions.
   29This chapter does not prohibit a person controlling the
30flight of a remotely piloted aircraft as provided in this
31chapter if the person is any of the following:
   321.  A person who acts with the consent of the owner of the
33homestead or secure farmstead area.
   342.  A department, division, or other unit of state government
35of this state or any other state, city, county, township, or
-3-1other governmental subdivision, or any other public corporation
2or agency created under the laws of this state, any other
3state, the United States, or any department or agency thereof,
4or any agency, commission, or authority established pursuant to
5an interstate compact or agreement or combination thereof.
   63.  A public utility as defined in section 476.1.
   74.  A person who controls the flight of a remotely piloted
8aircraft more than four hundred feet from the earth’s surface.
   95.  A person who controls the flight of a remotely piloted
10aircraft for the exclusive purpose of collecting information
11regarding weather or climate conditions.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
   15GENERAL. This bill prohibits the use of remotely piloted
16aircraft (RPA) flying over a homestead or that part of a
17farmstead where agricultural animals are kept (secured
18farmstead area).
   19TERMS. An RPA refers to a self-propelled vehicle used
20for navigation and flight, is controlled by the use of an
21electronic system, and is not designed to carry a human. A
22homestead includes a dwelling owned or leased by a person that
23is used as the principal residence for a person and includes
24up to 400 feet of surrounding property owned or leased by that
25person. A secure farmstead area refers to an open feedlot,
26building, or other structure and includes up to 400 feet of
27surrounding property. A surveillance device refers to a camera
28or electronic equipment that transmits or records images,
29sounds, or data; and that is capable of reasonably identifying
30an individual, agricultural animal, or unique physical
31characteristics of land or an improvement.
   32CRIMINAL OFFENSES. The bill creates two related criminal
33offenses. A person commits intrusion by the use of an RPA
34(intrusion) by knowingly controlling the flight of an RPA over
35a homestead or secure farmstead area and a person commits
-4-1surveillance by the use of an RPA (surveillance) by controlling
2the flight of an RPA equipped with a surveillance device over
3those same locations. In each case, a criminal penalty is
4enhanced if a person has been previously convicted of either
5offense. In the case of a person committing intrusion, the
6penalty is a simple misdemeanor subject to an enhanced penalty
7of a serious misdemeanor and in the case of a person committing
8surveillance the penalty is a serious misdemeanor subject to
9an enhanced penalty of an aggravated misdemeanor. A simple
10misdemeanor is punishable by confinement for no more than 30
11days and a fine of at least $105 but not more than $855. A
12serious misdemeanor is punishable by confinement for no more
13than one year and a fine of at least $430 but not more than
14$2,560. An aggravated misdemeanor is punishable by confinement
15for no more than two years and a fine of at least $855 but not
16more than $8,540.
   17INJUNCTIVE RELIEF — HARASSMENT. An owner or lessee of a
18homestead or secure farmstead area may bring a case in district
19court as a petitioner in equity seeking to obtain a temporary
20injunction to prevent the other party as the respondent from
21harassing the petitioner by controlling the flight of an RPA
22over the petitioner’s homestead or secure farmstead area.
23The temporary injunction is for not more than two years but
24is subject to a court ordered continuance. A successful
25petitioner may be awarded court costs, attorney fees, and
26expenses.
   27EXCEPTIONS. The bill’s provisions do not apply to a number
28of persons including a person acting with the consent of the
29owner of the homestead or secure farmstead area, a unit of
30government, a public utility, a person who controls the flight
31of an RPA more than 400 feet from the earth’s surface, or a
32person who controls the flight of an RPA for the purpose of
33collecting information regarding weather or climate conditions.
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