An Act to Prohibit the Unauthorized Use of Drones on or over the Premises of Correctional Facilities and Jails

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1446 - L.D. 2157
An Act to Prohibit the Unauthorized Use of Drones on or over the Premises
of Correctional Facilities and Jails
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §761 is enacted to read:
§761. Unauthorized use of drone on or over premises of correctional facility or jail
1. A person is guilty of unauthorized use of a drone on or over the premises of a
correctional facility or jail if the person intentionally or knowingly flies a drone over the
premises of a correctional facility or jail at or below a height of 400 feet above the ground,
lands a drone on the premises or flies a drone from the premises.
A. Except as provided in paragraph B, a person who violates this subsection commits
a civil violation for which a fine of not less than $500 may be adjudged.
B. A person who violates this subsection after having been previously adjudicated as
violating this subsection or has been previously adjudicated of committing a violation
for conduct substantially similar to that prohibited in this subsection in another
jurisdiction commits a Class D crime. Section 9-A governs the use of prior convictions
when determining a sentence.
2. This section does not apply to:
A. A law enforcement officer, a corrections officer or a corrections supervisor engaged
in the performance of the law enforcement officer's, corrections officer's or corrections
supervisor's public duty; or
B. Another person acting in the course and scope of employment, as approved by the
chief administrative officer of the correctional facility or the jail administrator.
3. It is not a defense to a prosecution under this section that the person holds a valid
license to operate a drone issued by the United States Department of Transportation,
Federal Aviation Administration or is otherwise permitted to operate a drone pursuant to
regulations of the Federal Aviation Administration.
4. As used in this section, the following terms have the following meanings.
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
689
PUBLIC LAW
Page 2 - 132LR2663(04)
A. "Correctional facility" has the same meaning as in Title 34-A, section 1001,
subsection 6.
B. "Drone" means an aircraft or aircraft system operated without a physical human
presence within or on the aircraft and includes, but is not limited to, an unmanned
aircraft system, unmanned aerial vehicle, remotely piloted aircraft system or micro air
vehicle.
C. "Jail" means a county or regional jail.
D. "Micro air vehicle" means a drone that weighs less than one kilogram.
E. "Premises" includes, but is not limited to, lands, ways and any buildings or
structures on those lands or ways.
F. "Remote pilot station" means equipment such as controls, displays or a cockpit
located separately from a drone and used by an operator to fly a drone.
G. "Remotely piloted aircraft system" means a system that includes a drone, a remote
pilot station and equipment for communication between the remote pilot station and
the drone.
H. "Unmanned aerial vehicle" means a powered aircraft that flies without a human
pilot on board that is controlled either remotely from the ground or autonomously
through a preprogrammed flight plan.
I. "Unmanned aircraft system" means a system that includes a drone, a remote control
station and equipment for communication between the remote control station and the
drone.