Title 18, Crimes and Criminal ProcedureRelease 119-110

§40A Operation of Unauthorized Unmanned Aircraft Over Wildfires

Title 18 › PART I — CRIMES › CHAPTER 2 — AIRCRAFT AND MOTOR VEHICLES › § 40A

Last updated Sep 23, 2026|Official source

Summary

It is a crime to fly a drone and knowingly or recklessly get in the way of fighting a wildfire or of police or emergency work tied to fighting a wildfire. A person who does this can be fined under federal law, sent to jail for up to 2 years, or both. The rule does not apply to drones flown by federal, state, tribal, or local agencies (or their contractors) when used for public safety like firefighting, law enforcement, or emergency response. Unmanned aircraft — see the federal aviation law. Wildfire — see the Emergency Wildfire Suppression Act. Wildfire suppression — efforts to contain, extinguish, or suppress a wildfire.

Full Legal Text

Title 18, §40A

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—
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 related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
(b)Exceptions.—
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)Definitions.—
In this section, the following definitions apply:
(1)Unmanned aircraft.—
The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.
(2)Wildfire.—
The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
(3)Wildfire suppression.—
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

Sep 23, 2026

Release point: 119-110