(a) As used in this section:(1) “Critical infrastructure” means:(A) An electrical power generation or delivery system;(B) A petroleum refinery;(C) A chemical or rubber manufacturing facility;(D) A petroleum or chemical storage facility;(E) A railroad operating facility;(F) A communication tower or facility or a communications or broadband wireline facility;(G) A food processing or manufacturing facility;(H) A correctional or detention facility; or(I) A natural gas distribution or transmission line, natural gas facility, or natural gas storage;(2) “Image” means a capturing of sound waves, thermal, infrared, ultraviolet, or visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on the real property; and(3) (A) “Unmanned aircraft system” means an unmanned, powered aircraft that:(i) Does not carry a human operator;(ii) Can be autonomous or remotely piloted or operated; and(iii) Can be expendable or recoverable.(B) “Unmanned aircraft system” does not include:(i) A satellite orbiting the earth;(ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure;(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;(iv) An unmanned aircraft system operated by a person for a commercial purpose pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions; or(v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency.
(1) “Critical infrastructure” means:(A) An electrical power generation or delivery system;(B) A petroleum refinery;(C) A chemical or rubber manufacturing facility;(D) A petroleum or chemical storage facility;(E) A railroad operating facility;(F) A communication tower or facility or a communications or broadband wireline facility;(G) A food processing or manufacturing facility;(H) A correctional or detention facility; or(I) A natural gas distribution or transmission line, natural gas facility, or natural gas storage;
(A) An electrical power generation or delivery system;
(B) A petroleum refinery;
(C) A chemical or rubber manufacturing facility;
(D) A petroleum or chemical storage facility;
(E) A railroad operating facility;
(F) A communication tower or facility or a communications or broadband wireline facility;
(G) A food processing or manufacturing facility;
(H) A correctional or detention facility; or
(I) A natural gas distribution or transmission line, natural gas facility, or natural gas storage;
(2) “Image” means a capturing of sound waves, thermal, infrared, ultraviolet, or visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on the real property; and
(3) (A) “Unmanned aircraft system” means an unmanned, powered aircraft that:(i) Does not carry a human operator;(ii) Can be autonomous or remotely piloted or operated; and(iii) Can be expendable or recoverable.(B) “Unmanned aircraft system” does not include:(i) A satellite orbiting the earth;(ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure;(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;(iv) An unmanned aircraft system operated by a person for a commercial purpose pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions; or(v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency.
(A) “Unmanned aircraft system” means an unmanned, powered aircraft that:(i) Does not carry a human operator;(ii) Can be autonomous or remotely piloted or operated; and(iii) Can be expendable or recoverable.
(i) Does not carry a human operator;
(ii) Can be autonomous or remotely piloted or operated; and
(iii) Can be expendable or recoverable.
(B) “Unmanned aircraft system” does not include:(i) A satellite orbiting the earth;(ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure;(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;(iv) An unmanned aircraft system operated by a person for a commercial purpose pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions; or(v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency.
(i) A satellite orbiting the earth;
(ii) An unmanned aircraft system used by the United States Government or a person who is acting pursuant to contract with the United States Government to conduct surveillance of specific critical infrastructure;
(iii) An unmanned aircraft system used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;
(iv) An unmanned aircraft system operated by a person for a commercial purpose pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions; or
(v) An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency.
(b) A person commits the offense of unlawful use of an unmanned aircraft system related to critical infrastructure if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.
(c) Subsection (b) of this section does not prohibit:(1) (A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is:(i) Located on his or her own immovable property; or(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1);(2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property;(3) A law enforcement officer performing his or her official duties; or(4) The Arkansas Department of Transportation, the State Highway Commission, a city or county department of public works, or a contractor, consultant, employee, or state entity that is a partner of the Arkansas Department of Transportation, commission, or a city or county department of public works from using an unmanned aircraft system to perform work authorized by the Arkansas Department of Transportation, commission, or a city or county department of public works.
(1) (A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is:(i) Located on his or her own immovable property; or(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1);
(A) A person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is:(i) Located on his or her own immovable property; or(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.
(i) Located on his or her own immovable property; or
(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.
(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an unmanned aircraft system to conduct the activities described in this subdivision (c)(1);
(2) An insurance company or a person acting on behalf of an insurance company from using an unmanned aircraft system for purposes of underwriting an insurance risk or investigating damage to insured property;
(3) A law enforcement officer performing his or her official duties; or
(4) The Arkansas Department of Transportation, the State Highway Commission, a city or county department of public works, or a contractor, consultant, employee, or state entity that is a partner of the Arkansas Department of Transportation, commission, or a city or county department of public works from using an unmanned aircraft system to perform work authorized by the Arkansas Department of Transportation, commission, or a city or county department of public works.
(d) Unlawful use of an unmanned aircraft system related to critical infrastructure is:(1) A Class B misdemeanor; or(2) A Class A misdemeanor for a second or subsequent offense.
(1) A Class B misdemeanor; or
(2) A Class A misdemeanor for a second or subsequent offense.
(e) (1) A person commits the offense of unlawful use of an unmanned aircraft system related to images if the person purposely uses an unmanned aircraft system to capture an image of an individual or private property with the purpose to conduct surveillance on the individual or private property captured in the image.(2) It is a defense to prosecution under subdivision (e)(1) of this section that the person:(A) Destroyed the image:(i) As soon as the person had knowledge that the image was captured in violation of this section; and(ii) Without disclosing, displaying, or distributing the image to another person;(B) Captured the image lawfully as authorized under § 27-118-101; or(C) Captured the image as a law enforcement officer performing his or her official duties.
(1) A person commits the offense of unlawful use of an unmanned aircraft system related to images if the person purposely uses an unmanned aircraft system to capture an image of an individual or private property with the purpose to conduct surveillance on the individual or private property captured in the image.
(2) It is a defense to prosecution under subdivision (e)(1) of this section that the person:(A) Destroyed the image:(i) As soon as the person had knowledge that the image was captured in violation of this section; and(ii) Without disclosing, displaying, or distributing the image to another person;(B) Captured the image lawfully as authorized under § 27-118-101; or(C) Captured the image as a law enforcement officer performing his or her official duties.
(A) Destroyed the image:(i) As soon as the person had knowledge that the image was captured in violation of this section; and(ii) Without disclosing, displaying, or distributing the image to another person;
(i) As soon as the person had knowledge that the image was captured in violation of this section; and
(ii) Without disclosing, displaying, or distributing the image to another person;
(B) Captured the image lawfully as authorized under § 27-118-101; or
(C) Captured the image as a law enforcement officer performing his or her official duties.
(f) Unlawful use of an unmanned aircraft system related to images is a Class C misdemeanor.