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- 2025
69th Legislature 2025 SB 493
- 1 - Authorized Print Version – SB 493
ENROLLED BILL
AN ACT CREATING THE OFFENSE OF CRIMINAL TRESPASS BY UNMANNED AERIAL VEHICLE;
PROVIDING EXCEPTIONS; PROVIDING A DEFINITION; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Criminal trespass by unmanned aerial vehicle -- exceptions. (1) Except as provided in
subsection (3), a person commits the offense of criminal trespass by unmanned aerial vehicle if the person
knowingly causes an unmanned aerial vehicle to fly 200 feet or lower over the property or residence of another
person without the authorization of the property owner or resident.
(2) A person convicted of the offense of criminal trespass by unmanned aerial vehicle shall be
fined $500.
(3) Subsection (1) does not apply to the operation of an unmanned aerial vehicle system:
(a) conducted by a unit or agency of the federal government, the state, or a tribal or local
government, including any individual conducting an operation pursuant to contract or other agreement entered
into with the unit or agency, for the purpose of protecting the public safety, environment, and welfare, including
firefighting, law enforcement, and emergency response;
(b) by a peace officer acting in accordance with 46-5-109;
(c) within the boundaries of an easement with the permission of the owner of the dominant
tenement;
(d) being used by an employee or contractor of a utility as defined in 69-5-102 or a provider of
broadband service as defined in 90-1-602 to help assess property damage or catastrophe damage or to inspect
property and equipment, including cell towers and wireless telecommunications infrastructure and including the
deployment of drones; or
- 2025
69th Legislature 2025 SB 493
- 2 - Authorized Print Version – SB 493
ENROLLED BILL
(e) by an owner or operator of the system who has an active license issued by the federal aviation
administration and is operating the system for legitimate business purposes in a manner consistent with
applicable federal aviation administration rules, licenses, and exemptions.
(4) As used in this section, "unmanned aerial vehicle" has the same meaning as provided in 76-13-
102.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
45, chapter 6, part 2, and the provisions of Title 45, chapter 6, part 2, apply to [section 1].
Section 3. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
SB 493, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 493
INTRODUCED BY G. HERTZ
AN ACT CREATING THE OFFENSE OF CRIMINAL TRESPASS BY UNMANNED AERIAL VEHICLE;
PROVIDING EXCEPTIONS; PROVIDING A DEFINITION; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.