Utah Code 72-10-802. Unmanned aircraft system use requirements

72-10-802. Unmanned aircraft system use requirements — Exceptions.

(1)

A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:

Terms Used In Utah Code 72-10-802

Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
Law enforcement agency: means the same as that term is defined in Section 53-3-102. See Utah Code 72-10-801
Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 72-10-801
Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Unmanned aircraft: means an aircraft that is:

(a)	capable of sustaining flight; and

(b)

operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102

Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:

(a)	the unmanned aircraft, including payload;

(b)	communications equipment;

(c)	navigation equipment;

(d)	controllers;

(e)	support equipment; and

(f)	autopilot functionality. See Utah Code 72-10-102
(a)	pursuant to a search warrant;

(b)	in accordance with judicially recognized exceptions to warrant requirements;

(c)	subject to Subsection (2), from a person who is a nongovernment actor;

(d)	to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or

(e)	for purposes unrelated to a criminal investigation.

(2)

A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:

(a)	the data appears to pertain to the commission of a crime; or

(b)

the law enforcement agency or officer believes, in good faith, that:

(i)	the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and

(ii)	disclosing the data would assist in remedying the emergency.

(3)

A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law.

(4)	This section applies to any imaging surveillance device, as defined in Section 77-23d-102, when used in conjunction with an unmanned aircraft system.

Renumbered and Amended by Chapter 216, 2023 General Session

Previous section

Next section

Part 8 Contents

LawServer

Utah Code 72-10-802. Unmanned aircraft system use requirements — Exceptions

Terms Used In Utah Code 72-10-802