Texas Penal Code 42.15 – Operation of Unmanned Aircraft Over Airport or Military Installation
Current as of: 2024 | Check for updates
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(a) In this section:
(1) “Airport” has the meaning assigned by § 22.001, Transportation Code.
(2) “Military installation” means any military installation owned or operated by or for the federal government, this state, or another governmental entity.
(b) A person commits an offense if the person intentionally or knowingly:
(1) operates an unmanned aircraft over an airport or military installation;
(2) allows an unmanned aircraft to make contact with an airport or military installation, including any person or object on the premises of or within the airport or military installation; or
(3) operates an unmanned aircraft in a manner that interferes with the operations of or causes a disturbance to an airport or military installation.
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 42.15
- 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
- Another: means a person other than the actor. 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.
- 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 - 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
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) It is a defense to prosecution under this section that the conduct described by Subsection (b) was engaged in 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 law enforcement agency;
(4) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;
(5) an owner or operator of the airport or military installation;
(6) a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the airport or military installation;
(7) a person who has the prior written or electronic authorization of:
(A) the owner or operator of the airport or military installation; or
(B) the Federal Aviation Administration; or
(8) the owner or occupant of the property on which the airport or military installation is located or a person who has the prior written consent of the owner or occupant of that property.
(d) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.