PRINTER'S NO. 1945
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1323
Session of
2015
INTRODUCED BY ARGALL, RESCHENTHALER, FOLMER, VULAKOVICH AND
BARTOLOTTA, JUNE 17, 2016
REFERRED TO JUDICIARY, JUNE 17, 2016
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in riot, disorderly conduct and related offenses,
further providing for the offense of disorderly conduct and
providing for unlawful use of unmanned aircraft; and, in
particular rights and immunities, providing for action
against operator of unmanned aircraft.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5503 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
[or]
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(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor[.]; or
(5) operates an unmanned aircraft in dangerous proximity
to another person or another person's property, unless the
other person consents to the operation.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--[As used in this section the word "public"
means affecting] The following words and phrases as used in this
section shall have the meaning given to them in this subsection
unless the context clearly indicates otherwise:
"Public." Affecting or likely to affect persons in a place
to which the public or a substantial group has access; among the
places included are highways, transport facilities, schools,
prisons, apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public.
"Unmanned aircraft." As defined in section 5518 (relating to
unlawful use of unmanned aircraft).
Section 2. Title 18 is amended by adding a section to read:
§ 5518. Unlawful use of unmanned aircraft.
(a) Offense defined.--A person commits the offense of
unlawful use of an unmanned aircraft if the person knowingly
uses an unmanned aircraft to conduct surveillance of, gather
evidence or collect information about or photographically or
electronically record a critical facility without the prior
written consent of the owner of the critical facility.
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(b) Grading.--An offense under subsection (a) shall be
graded as follows:
(1) A misdemeanor of the second degree with a fine not
exceeding $5,000 for a first offense.
(2) A misdemeanor of the first degree with a fine not
exceeding $10,000 for a second or subsequent offense.
(c) Construction.--Nothing in this section shall be
construed to prohibit:
(1) A person from using an unmanned aircraft to conduct
surveillance of, gather evidence or collect information about
or photographically or electronically record the person's own
property that is:
(i) located on the person's 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.
(2) A third person retained by the owner of a property
described under paragraph (1) to conduct activities described
in paragraph (1) from using an unmanned aircraft to conduct
the activities described in paragraph (1).
(3) An insurance company or a person acting on behalf of
an insurance company from using an unmanned aircraft for
purposes of underwriting an insurance risk or investigating
damage to insured property.
(4) A person from using an unmanned aircraft for motion
picture, television or similar media production where the
activity occurs on or over property owned by another person
who consents to the activity.
(d) Definitions.--The following words and phrases when used
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in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Critical facility." The term includes:
(1) A Federal, State and county correctional facility.
(2) A water or wastewater treatment facility and water
distribution or conveyance system.
(3) A Federal or State military installation.
(4) A power generating station plant or substation.
(5) A public safety or emergency operation facility.
(6) A hospital.
(7) A properly marked Federal, State, county or
municipal-owned building.
(8) A public or private use airport or heliport.
(9) A petroleum or alumina refinery.
(10) A chemical or rubber manufacturing facility.
(11) A nuclear power electric generation facility.
"Unmanned aircraft." 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 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 contract
with the State government to conduct surveillance of specific
activities.
(4) An unmanned powered aircraft used by a local
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government law enforcement agency or fire department.
Section 3. Title 42 is amended by adding a section to read:
§ 8320.1. Action against operator of unmanned aircraft.
A person who violates 18 Pa.C.S. § 5518 (relating to unlawful
use of unmanned aircraft) shall be liable to the owner of the
critical facility that is the subject of the violation as
follows:
(1) Any actual damages sustained as a result of the
violation, or $10,000, whichever is greater.
(2) Three times actual damages, or $10,000, whichever is
greater, in a case in which the violation resulted in profit
or monetary gain.
(3) The costs of an action brought under this section,
together with reasonable attorney fees as determined by the
court.
Section 4. This act shall take effect in 60 days.
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