SB 142, as amended, Jackson. Civil law: unmanned aerial vehicles.
Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.
Existing law imposes liability for physical invasion of privacy, if a person knowingly enters onto the land of another without permission or otherwise commits a trespass in order to capture any image or recording of the plaintiff engaging in a private activity and the invasion is offensive to a reasonable person.
This bill would
define knowing entry upon the land of another also to include operation of an unmanned aerial vehicle below the navigable airspace overlaying thebegin delete property.end deletebegin insert real property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the real property.end insert
Existing law deems the detriment caused by wrongful occupation of real property to be the value of the use of the property for the time of the wrongful occupation, the reasonable cost of repair or restoration of the property, and the costs of recovering the possession.
This bill would extend liability for wrongful occupation of real property and damages to a person who without permission operates an unmanned aerial vehicle below the
navigable airspace overlaying the realbegin delete property.end deletebegin insert property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the real property.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1708.83 is added to the Civil Code, to
2read:
(a) A person knowingly enters onto the land of
4another person pursuant to subdivision (a) of Section 1708.8 if he
5or shebegin delete operatesend deletebegin insert does either of the following:end insert
6begin insert(1)end insertbegin insert end insertbegin insertOperatesend insert an unmanned aerial vehicle below the navigable
7airspace, as defined in paragraph (32) of subsection (a) of Section
840102 of Title 49 of the United States Code, overlaying thebegin insert
realend insert
9 property.
10(2) Operates an unmanned aerial vehicle less than 350 feet
11above ground level within the airspace overlaying the real
12property.
13(b) A person wrongfully occupies real property and is liable for
14damages pursuant to Section 3334 if, without permission, he or
15shebegin delete operatesend deletebegin insert does either of the following:end insert
16begin insert(1)end insertbegin insert end insertbegin insertOperatesend insert
an unmanned aerial vehicle below the navigable
17airspace, as defined in paragraph (32) of subsection (a) of Section
18begin delete 42102end deletebegin insert 40102end insert of Title 49 of the United States Code, overlaying the
19real property.
20(2) Operates an unmanned aerial vehicle less than 350 feet
21above ground level within the airspace overlaying the real
22property.
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