"Unmanned aerial vehicle"
Sec. 342.3. "Unmanned aerial vehicle" means an aircraft that does not carry a human operator and that is capable of flight under remote control or autonomous programming. The term includes the following:
(1) An unmanned aircraft and an unmanned aircraft system (both as defined in the Federal Aviation Administration Modernization and Reform Act of 2012 (P.L.112-95, 126 Stat. 11).
(2) A small unmanned aircraft and a small unmanned aircraft system (both as defined in 14 CFR 107.3).
As added by P.L.170-2014, SEC.12. Amended by P.L.107-2017, SEC.2.
"Use of an unmanned aerial vehicle"
As added by P.L.170-2014, SEC.14. Amended by P.L.107-2017, SEC.3.
Sec. 186. (a) "Lawful detention" means:
(2) custody following surrender in lieu of arrest;
(3) detention in a penal facility;
(4) detention in a facility for custody of persons alleged or found to be delinquent children;
(5) detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance;
(6) detention for extradition or deportation;
(7) placement in a community corrections program's residential facility;
(8) electronic monitoring;
(9) custody for purposes incident to any of the above including transportation, medical diagnosis or treatment, court appearances, work, or recreation; or
(10) any other detention for law enforcement purposes.
(b) Except as provided in subsection (a)(7) and (a)(8), the term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.
(c) The term does not include electronic monitoring through the use of an unmanned aerial vehicle under IC 35-33-5-9.
As added by P.L.114-2012, SEC.67. Amended by P.L.170-2014, SEC.9.
Sec. 337.5. "Tracking device", for purposes of IC 35-33-5 and this chapter, means an electronic or mechanical device that allows a person to remotely determine or track the position or movement of another person or an object. The term includes the following:
(1) A device that stores geographic data for subsequent access or analysis.
(2) A device that allows real-time monitoring or movement.
(3) An unmanned aerial vehicle.
(4) A cellular telephone or other wireless or cellular communications device.
As added by P.L.170-2014, SEC.11.
Sec. 0.5. The following definitions apply throughout this chapter:
(1) "Electronic communication service" means a service that provides users with the ability to send or receive wire or electronic communications.
(2) "Electronic storage" means any storage of electronic user data on a computer, computer network, or computer system regardless of whether the data is subject to recall, further manipulation, deletion, or transmission. "Electronic storage" includes any storage or electronic communication by an electronic communication service or a remote computing service.
(3) "Electronic user data" means any data or records that are in the possession, care, custody, or control of a provider of an electronic communication service, a remote computing service, or any other service or program that stores, uses, collects, or safeguards electronic user data.
(4) "Governmental entity" has the meaning set forth in IC 35-31.5-2-144. For purposes of this chapter, "governmental entity" also includes a person authorized to act on behalf of a state or local agency.
(5) "Intercept" means to acquire geolocation data through the use of an electronic device, mechanical device, or other device.
(6) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communication service.
(7) "Use of an unmanned aerial vehicle" means the use of an unmanned aerial vehicle by a law enforcement officer to obtain evidence relevant to the enforcement of statutes, rules, or regulations. The term includes:
(A) the interception of wire, electronic, or oral communications; and
(B) the capture, collection, monitoring, or viewing of images.
(8) "User" means any person who:
(A) uses an electronic communication service, remote computing service, geolocation information service, or an electronic device; and
(B) may or may not be the person or entity having legal title, claim, or right to the electronic device or electronic user data.
As added by P.L.170-2014, SEC.16. Amended by P.L.107-2017, SEC.5.
Unmanned aerial vehicles; search warrant; exceptions
Sec. 9. (a) Except as provided in subsection (b), a law enforcement officer must obtain a search warrant in order to use an unmanned aerial vehicle.
(b) A law enforcement officer or governmental entity may use an unmanned aerial vehicle without obtaining a search warrant if the law enforcement officer determines that the use of the unmanned aerial vehicle:
(1) is required due to:
(A) the existence of exigent circumstances necessitating a warrantless search;
(B) the substantial likelihood of a terrorist attack;
(C) the need to conduct a search and rescue or recovery operation;
(D) the need to conduct efforts:
(i) in response to; or
(ii) to mitigate;
the results of a natural disaster or any other disaster; or
(E) the need to perform a geographical, an environmental, or any other survey for a purpose that is not a criminal justice purpose;
(2) is required to obtain aerial photographs or video images of a motor vehicle accident site on a public street or public highway; or
(3) will be conducted with the consent of any affected property owner.
As added by P.L.170-2014, SEC.19. Amended by P.L.57-2016, SEC.2.
Admissibility of evidence; unmanned aerial vehicles
Sec. 10. The following are not admissible as evidence in an administrative or judicial proceeding:
(1) A communication or an image that is obtained through the use of an unmanned aerial vehicle in violation of section 9 of this chapter.
(2) Evidence derived from a communication or an image described in subdivision (1).
As added by P.L.170-2014, SEC.20.
Sec. 3. (a) As used in this chapter, "monitoring device" means an electronic device that:
(1) can record or transmit information twenty-four (24) hours each day regarding an offender's:
(A) presence or absence from the offender's home; or
(B) precise location;
(2) is minimally intrusive upon the privacy of the offender or other persons residing in the offender's home;
(3) with the written consent of the offender and with the written consent of other persons residing in the home at the time an order for home detention is entered, may record or transmit:
(A) a visual image;
(B) an electronic communication or any sound; or
(C) information regarding the offender's activities while inside the offender's home; and
(4) can notify a probation department, a community corrections program, or a contract agency if the offender violates the terms of a home detention order.
(b) The term includes any device that can reliably determine the location of an offender and track the locations where the offender has been, including a device that uses a global positioning system satellite service.
(c) The term does not include an unmanned aerial vehicle (as defined in IC 35-31.5-2-342.3).
As added by P.L.98-1988, SEC.6. Amended by P.L.31-2005, SEC.2; P.L.170-2014, SEC.25.
Sex offender unmanned aerial vehicle offense
Sec. 12.5. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5).
(b) A sex offender who:
(1) knowingly or intentionally operates an unmanned aerial vehicle for the purpose of:
(B) contacting; or
(C) capturing images or recordings of;
one (1) or more other individuals; and
(2) is subject to a:
(A) condition of probation;
(B) condition of parole;
(C) condition or rule of a community corrections program; or
(D) rule of a community transition program;
that prohibits the sex offender from following, contacting, or capturing images or recordings of one (1) or more other individuals, regardless of whether the means of engaging in any of those activities is specified in the condition or rule, commits a sex offender unmanned aerial vehicle offense, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
As added by P.L.107-2017, SEC.6.
Public safety remote aerial interference
Sec. 10. A person who operates an unmanned aerial vehicle in a manner that is intended to obstruct or interfere with:
(1) a law enforcement officer;
(2) a firefighter;
(3) an emergency medical person; or
(4) a member of a search and rescue team or mission;
while the individual described in subdivisions (1) through (4) is performing or attempting to perform the individual's official duties, commits public safety remote aerial interference, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
As added by P.L.107-2017, SEC.7.
Voyeurism; public voyeurism; aerial voyeurism
Sec. 5. (a) The following definitions apply throughout this section:
(1) "Camera" means a camera, a video camera, a device that captures a digital image, or any other type of video recording device.
(2) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature.
(3) "Private area" means the naked or undergarment clad genitals, pubic area, or buttocks of an individual.
(b) A person:
(1) who knowingly or intentionally:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who knowingly or intentionally peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B misdemeanor.
(c) However, the offense under subsection (b) is a Level 6 felony if:
(1) it is knowingly or intentionally committed by means of a camera; or
(2) the person who commits the offense has a prior unrelated conviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section.
(d) A person who:
(1) without the consent of the individual; and
(2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by means of a camera commits public voyeurism, a Class A misdemeanor.
(e) The offense under subsection (d) is a Level 6 felony if the person has a prior unrelated conviction under this section or in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section, or if the person:
(1) publishes the image;
(2) makes the image available on the Internet; or
(3) transmits or disseminates the image to another person.
(f) It is a defense to a prosecution under subsection (d) that the individual deliberately exposed the individual's private area.
(g) A person who, with the intent to peep, operates an unmanned aerial vehicle in a manner that is intended to cause the unmanned aerial vehicle to enter the space above or surrounding another person's occupied dwelling for the purpose of capturing images, photographs, video recordings, or audio recordings of the other person while the other person is:
(1) within the other person's occupied dwelling; or
(2) on the land or premises:
(A) on which the other person's occupied dwelling is located; and
(B) in a location that is not visible from an area:
(i) open to the general public; or
(ii) where a member of the general public has the right to be;
commits remote aerial voyeurism, a Class A misdemeanor.
(h) The offense under subsection (g) is a Level 6 felony if the person has a prior unrelated conviction under this section or in another jurisdiction, including a military court, for an offense that is substantially similar to an offense described in this section, or if the person:
(1) publishes the images, photographs, or recordings captured;
(2) makes the images, photographs, or recordings captured available on the Internet; or
(3) transmits or disseminates the images, photographs, or recordings captured to another person.
As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995, SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1; P.L.75-2011, SEC.1; P.L.158-2013, SEC.529; P.L.107-2017, SEC.8.
Remote aerial harassment
Sec. 6. A person who operates an unmanned aerial vehicle in a manner that is intended to subject another person to harassment commits remote aerial harassment, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
As added by P.L.107-2017, SEC.9.
Invasion of privacy; offense; penalties
Sec. 15.1. (a) A person who knowingly or intentionally violates:
(3) a workplace violence restraining order issued under IC 34-26-6;
(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
(6) a no contact order issued as a condition of probation;
(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);
(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:
(D) nation; or
(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
(11) an order issued under IC 35-33-8-3.2; or
(12) an order issued under IC 35-38-1-30;
commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony. if the person has a prior unrelated conviction for an offense under this subsection.
(b) It is not a defense to a prosecution under subsection (a) that the accused person used or operated an unmanned aerial vehicle in committing the violation.
(c) A sex offender under IC 11-8-8-4.5 who:
(1) establishes a new residence within a one (1) mile radius of the residence of the victim of the offender's sex offense;
(2) intends to reside (as defined in IC 35-42-4-11(b)) at the residence; and
(3) at the time the sex offender established the residence, knew or reasonably should have known that the residence was located within a one (1) mile radius of the residence of the victim of the offender's sex offense;
commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony if the sex offender has a prior unrelated conviction under this subsection.
(d) The victim of the sex offender's sex offense may not be prosecuted under subsection (c) if the victim's liability is based on aiding, inducing, or causing the offender to commit the offense described in subsection (c).
As added by P.L.1-1991, SEC.201. Amended by P.L.49-1993, SEC.14; P.L.242-1993, SEC.5; P.L.1-1994, SEC.170; P.L.23-1994, SEC.17; P.L.303-1995, SEC.1; P.L.1-1997, SEC.153; P.L.37-1997, SEC.3; P.L.1-1998, SEC.199; P.L.1-2001, SEC.42; P.L.280-2001, SEC.53; P.L.1-2002, SEC.150; P.L.133-2002, SEC.67; P.L.104-2008, SEC.22; P.L.94-2010, SEC.12; P.L.158-2013, SEC.557; P.L.65-2016, SEC.37; P.L.107-2017, SEC.10; P.L.87-2018, SEC.3.
West Lafayette City Council To Vote On Drone Regulations
Drones in the news
Where just the name of the bill or resolution is hyperlinked in black that means that it is not yet law!
Note that bills that are now law are changed to blue font
SB 299 - defines unmanned aerial vehicle and creates a number of new criminal offenses. One offense, a “sex offender unmanned aerial vehicle offense,” occurs when a sex offender uses a UAV to follow, contact, or capture images or recordings of someone and the sex offender is subject to conditions that prohibit them from doing so. The offense of “public safety remote aerial interference” occurs when someone operated a UAV in a way that is intended to obstruct of interfere with a public safety official in the course of their duties. The law also creates the offense of “remote aerial harassment.” All of these offenses are class A misdemeanors. However, if the person has a prior conviction under the same section, it becomes a level 6 felony. It is also a class A misdemeanor to commit “remote aerial voyeurism.” It becomes a level 6 felony if the person publishes the images, makes them available on the internet or shares them with another person.
HB 1013 - allows the use of UAS to photograph or take video of a traffic crash site.
HB 1246 - prohibits the use of UAS to scout game during hunting season.
Indiana adopted Senate Resolution (SR) 27 (download below) on February 22, 2013. SR 27 was a senate resolution urging the legislative council to establish the interim study committee on the use of aircraft to study the use of unmanned aerial vehicles.
On March 26, 2014 the Governor of Indiana signed House Bill (HB) 1009 (download below) into Public Law 170. Public Law 170 is an act to amend the Indiana Code concerning criminal law and procedure. It requires law enforcement to obtain a search warrant before using UAS, and provides exemptions. Also, it protects electronic data from search without a warrant.
HB 1009 created warrant requirements and exceptions for the police use of unmanned aircraft and real time geo-location tracking devices. It also prohibits law enforcement from compelling individuals to reveal passwords for electronic devices without a warrant. If law enforcement obtains information from an electronic service provider pursuant to a warrant, the provider is immune from criminal or civil liability. The law provides that if police seek a warrant to compel information from media entities and personnel, then those individuals must be notified and given the opportunity to be heard by the court concerning issuance of the warrant. The new law also creates the crime of "Unlawful Photography and Surveillance on Private Property," making it a Class A misdemeanor. This crime is committed by a person who knowingly and intentionally electronically surveys the private property of another without permission. The law also requests that the state's legislative council study digital privacy during the 2014 interim.
Sarah Nilsson, J.D., Ph.D., MAS
602 561 8665
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