UNLAWFUL USE OF UNMANNED AIRCRAFT

SB0136

SENATE BILL 136

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

George K. Muñoz
and
Pete Campos
and
Cindy Nava

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL USE OF AN
UNMANNED AIRCRAFT; CREATING THE CRIME OF UNLAWFUL USE OF AN
UNMANNED AIRCRAFT NEAR A CRITICAL INFRASTRUCTURE FACILITY;
PROVIDING EXCEPTIONS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of the Criminal Code is enacted
to read:

"[
NEW MATERIAL
] UNLAWFUL USE OF AN UNMANNED AIRCRAFT--UNLAWFUL USE OF AN UNMANNED AIRCRAFT NEAR A CRITICAL
INFRASTRUCTURE FACILITY--EXCEPTIONS--PENALTIES.--

A. Unlawful use of an unmanned aircraft consists of
operating an unmanned aircraft to capture an image of a person,
privately owned real property or a critical infrastructure
facility with the intent to conduct surveillance on the person,
property or facility captured in the image. Whoever commits
unlawful use of an unmanned aircraft is:

(1) guilty of a misdemeanor; or

(2) guilty of a fourth degree felony if the
image captured is:

(a) used in connection with the
commission of a felony; or

(b) of information or records that are
confidential or prohibited from public disclosure as provided
by law.

B. Unlawful use of an unmanned aircraft near a
critical infrastructure facility consists of operating an
unmanned aircraft in proximity of a critical infrastructure
facility such that:

(1) the operation of the unmanned aircraft or
the aircraft itself may or does interfere with the operations
of, or cause a disturbance to, the critical infrastructure
facility; or

(2) the unmanned aircraft makes contact with
the critical infrastructure facility, including any person or
object on the premises of or within the critical infrastructure
facility.

C. Whoever commits unlawful use of an unmanned
aircraft near a critical infrastructure facility is guilty of a
fourth degree felony.

D. The provisions of this section do not apply:

(1) if the image is captured with the consent
of the person or the owner or operator of the privately owned
real property or critical infrastructure facility captured in
the image;

(2) if the image is captured by a federal,
state, local or tribal agency or a person under contract with
or otherwise acting under the direction of a federal, state,
local or tribal agency;

(3) for the purpose of, or incidental to, a
legitimate commercial purpose or by a community-based
organization, including a homeowner's association, in a manner
consistent with applicable state or federal law, including
federal aviation administration rules, exceptions or other
authorizations;

(4) if the image is captured pursuant to a
valid search warrant, arrest warrant or court order;

(5) for the purpose of professional or
scholarly research and development or for another academic
purpose by a person acting on behalf of a public, a private or
an independent institution of higher education;

(6) if the image is captured by a registered
professional land surveyor in connection with the practice of
professional surveying or by a professional licensed engineer
in connection with the practice of engineering; provided that
no person is identifiable in the image; or

(7) if the image is captured by an employee of
an insurance company or of an affiliate of an insurance company
in connection with the underwriting of an insurance policy or
the rating or adjusting of an insurance claim regarding real
property or a structure on real property.

E. As used in this section:

(1) "critical infrastructure facility" means
property, equipment and related support facilities that service
multiple customers or residents, including real and personal
property, such as buildings, offices, lines, poles, pipes,
structures and equipment, that is owned or used by:

(a) a communications network;

(b) an electric generation, transmission
or distribution system;

(c) a natural gas and natural gas
liquids gathering, processing, storage, transmission and
distribution system;

(d) a crude oil and refined product
pipeline;

(e) a water pipeline;

(f) a county or the corrections
department for the confinement of inmates or by the children,
youth and families department for the detention or commitment
of children;

(g) the national guard of New Mexico or
the United States department of defense; or

(h) a municipality or county as an
airport as defined in Section 3-39-17 NMSA 1978;

(2) "image" means any capturing of sound
waves, thermal, infrared, ultraviolet, visible light or other
electromagnetic waves, odor or other conditions existing on or
about real property or an individual located on that property;
and

(3) "unmanned aircraft" means an aircraft that
is operated, directed or programmed without the possibility of
direct human intervention from within or on the aircraft."

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