PRINTER'S NO. 108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
125
Session of
2017
INTRODUCED BY BOSCOLA, ARGALL, COSTA, TARTAGLIONE, BARTOLOTTA,
LANGERHOLC AND RAFFERTY, JANUARY 20, 2017
REFERRED TO JUDICIARY, JANUARY 20, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for the offense of unlawful drone
activity over correctional institutions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5113. Unlawful drone activity over correctional institutions.
(a) Contraband.--No person may operate a drone over a
correctional institution with the intent to deliver, provide,
transmit or furnish any item of contraband that violates section
5123 (relating to contraband) or 61 Pa.C.S. § 5902 (relating to
contraband prohibited).
(b) Recordings and photographs.--
(1) No person may operate a drone over a correctional
institution with the intent to record or photograph the
correctional institution or any operation of the correctional
institution, activity at or person located on the premises or
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grounds of the correctional institution.
(2) A person who knowingly possesses a recording or
photograph produced as a result of a violation of this
section commits an offense.
(c) Grading.--The following shall apply:
(1) An offense under subsection (a) shall be graded as a
felony of the second degree.
(2) An offense under subsection (b) shall be graded as a
felony of the third degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Correctional institution." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"Drone." An unmanned powered aircraft that does not carry a
human operator, is capable of being autonomous or remotely
piloted or operated and may be expendable or recoverable. The
definition does not include the following:
(1) A satellite orbiting the earth.
(2) An unmanned powered aircraft used by the Federal
Government or a person who is acting pursuant to a contract
with the Federal Government to conduct surveillance of
specific activities.
(3) An unmanned powered aircraft used by the State
government or a person who is acting pursuant to a contract
with the State government to conduct surveillance of specific
activities.
(4) An unmanned powered aircraft used by a local
government, law enforcement agency or fire department.
Section 2. This act shall take effect in 60 days.
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