Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility
(a) In this section:
(1) “Contraband” means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2) “Correctional facility” means:
(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure detention facility, as defined by § 51.02, Family Code.
(3) “Detention facility” means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2) allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or
(3) allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Penal Code 38.115
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Contract: A legal written agreement that becomes binding when signed.
- Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Secure correctional facility: means :
(A) a municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. See Texas Penal Code 1.07 - United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) This section does not apply to conduct described by Subsection (b) that is committed by:
(1) the federal government, this state, or a governmental entity;
(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3) a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4) a law enforcement agency; or
(5) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously been convicted under this section; or
(2) a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A) provide contraband to a person in the custody of the correctional facility or detention facility; or
(B) otherwise introduce contraband into the correctional facility or detention facility.