Bill Text: MS HB1260 | 2015 | Regular Session | Introduced

Mississippi House Bill 1260 (Prior Session Legislation)

Introduced

Bill Title: Unmanned aircraft system; use of can constitute trespass or invasion of privacy under certain circumstances.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2015-02-03 - Died In Committee [HB1260 Detail]

Download: Mississippi-2015-HB1260-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representative Oberhousen

House Bill 1260

AN ACT TO PROVIDE THAT CAUSING AN UNMANNED AIRCRAFT SYSTEM TO ENTER THE LANDS OF ANOTHER WITHOUT PERMISSION CONSTITUTES A TRESPASS, AND THAT REPRODUCING THE IMAGE OF ANOTHER USING AN UNMANNED AIRCRAFT SYSTEM CAN CONSTITUTE AN INVASION OF PRIVACY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any person who knowingly causes an unmanned aircraft system to enter the lands of another without the permission of the landowner shall be guilty of a misdemeanor, and upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.

(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.

(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.

(3) The provisions of this section are supplementary to the provisions of any other statute of this state.

(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.

SECTION 2. The use of an unmanned aircraft system to photograph, film, videotape, record or otherwise reproduce the image of another person while that person is on their own property shall constitute an invasion of privacy, whether or not there is a physical trespass, if the image could not have been achieved without a trespass unless the device was used.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.