                                 CODE OF VIRGINIA

TRESPASS WITH AN UNMANNED AIRCRAFT SYSTEM; PENALTY (§ 18.2-121.3)

A. Any person who knowingly and intentionally causes an unmanned aircraft system
to (i) enter the property of another and come within 50 feet of a dwelling house
(a) to coerce, intimidate, or harass another person or (b) after having been
given actual notice to desist, for any other reason; (ii) take off or land in
violation of current Federal Aviation Administration Special Security
Instructions or UAS Security Sensitive Airspace Restrictions; or (iii) (a) drop
any item within the boundaries of or (b) obtain any videographic or still image
of any identifiable inmate or resident at any state or local correctional
facility, as defined in &#xA7; 53.1-1, or juvenile correctional center is guilty
of a Class 1 misdemeanor.

B. Any person who knowingly and intentionally, and without authorization, causes
an unmanned aircraft system to enter the airspace over any (i) public services
or utilities, as described in &#xA7; 18.2-162; (ii) critical infrastructure, as
defined in 42 U.S.C. &#xA7; 5195c, including any military base authorized by the
U.S. Department of Defense; or (iii) facility, as defined in 46 U.S.C. &#xA7;
70101, covered by the federal Maritime Transportation Security Act of 2002 is
guilty of a Class 4 felony.

C. Subsections A and B shall not apply to any person who causes an unmanned
aircraft system to enter the property as set forth in subsection A or B if (i)
consent is given to the entry by any person with legal authority to consent or
by any person who is lawfully present on such property; (ii) such person is
authorized by federal regulations to operate an unmanned aircraft system and is
operating such system in an otherwise lawful manner and consistent with federal
regulations; (iii) such person is an employee of the property and is conducting
official business; or (iv) such person is an employee of a public service or
utility, as described in &#xA7; 18.2-162, critical infrastructure, as defined in
42 U.S.C. &#xA7; 5195c, or facility, as defined in 46 U.S.C. &#xA7; 70101, and
is conducting official business.

D. Notwithstanding the provisions of subsections A, B, and C, any person who
knowingly, intentionally, and without authorization causes an unmanned aircraft
system to enter the property of and obtains or attempts to obtain any
videographic or still image that contains or reveals any controlled technical
information located within a contracted defense facility is guilty of a Class 4
felony. Notwithstanding the provisions of &#xA7; 18.2-146, the owner or operator
of a contracted defense facility and its employees shall be immune from criminal
prosecution and civil liability as a result of preventing, stopping, deterring,
interrupting, or repelling, or attempting to prevent, stop, deter, interrupt, or
repel, an unmanned aircraft system from entering the property of such contracted
defense facility, or attempting to stop, deter, interrupt, or repel, an unmanned
aircraft system that has entered such property, provided that such action does
not result in injury to any person.
			As used in this subsection:
			&#8220;Contracted defense facility&#8221; means any manufacturing or
engineering facility or other related facility where work involving the design,
construction, repair, maintenance, modernization, or inactivation of an asset of
the U.S. Department of Defense occurs pursuant to a contract issued by the
federal government.
			&#8220;Controlled technical information&#8221; means technical information
with military or space application that is subject to controls on the access,
use, reproduction, modification, performance, display, release, disclosure, or
dissemination, excluding information that is lawfully publicly available without
restrictions, as defined in clause 252.204-7012 of the Defense Federal
Acquisition Regulation Supplement, as amended.

HISTORY: 2018, cc. 851, 852; 2019, c. 612; 2023, cc. 24, 25; 2025, cc. 374, 381,
622.