Title 18 — Crimes and Criminal ProcedureRelease 119-73
§40A Operation of unauthorized unmanned aircraft over wildfires
Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 2— - AIRCRAFT AND MOTOR VEHICLES › § 40A
Summary
Knowingly or recklessly flying a drone so it gets in the way of firefighting, police, or emergency response can bring a fine, up to 2 years in jail, or both. Government or contractor flights for public safety are not covered. Definitions: unmanned aircraft — 49 U.S.C. 44801; wildfire — 42 U.S.C. 1856m §2; wildfire suppression — efforts to contain or extinguish a wildfire.
Full Legal Text
Title 18, §40A
Crimes and Criminal Procedure — Source: USLM XML via OLRC
(a)Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts 11 So in original. Probably should be “effort”. related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
(b)This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
(c)In this section, the following definitions apply:
(1)The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.
(2)The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
(3)The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.
Reference
Citations & Metadata
Citation
18 U.S.C. § 40A
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73