72-10-109

Certificate of registration of aircraft required — Exceptions.

(1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be operated, piloted, or navigated within this state any civil aircraft domiciled in this state unless the aircraft has a current certificate of registration issued by the department.

(b) The restriction described in Subsection (1)(a) does not apply to aircraft licensed by a foreign country with which the US has a reciprocal agreement covering the operations of the registered aircraft or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the FAA to be made without the certificate of registration.

(2) Aircraft centrally assessed by the State Tax Commission are exempt from the state registration requirement under Subsection (1).

(3) Unmanned aircraft as defined in Section 72-14-102 are exempt from the state registration requirement under Subsection (1).

72-14-101

Title.
This chapter is known as “Unmanned Aircraft — Drones.”

72-14-102

Definitions.
As used in this chapter:

(1) (a) “Advanced air mobility system” means a system that transports individuals and property using piloted and unpiloted aircraft, including electric aircraft and electric vertical takeoff and landing aircraft, in controlled or uncontrolled airspace

(b) Advanced air mobility system” includes each component of a system described in Subsection (1) (a), including:

(i) the aircraft, including payload;

(ii) communications equipment;

(iii) navigation equipment;

(iv) controllers;

(v) support equipment; and

(vi) remote and autonomous functions.

(2) “Airport” means the same as that term is defined in Section 72-10-102.

(3) Airport operator” means the same as that term is defined in Section 72-10-102.

(4) “Correctional facility” means the same as that term is defined in Section 77-16b-102.

(5) “Unmanned aircraft” means an aircraft that is:

(a) capable of sustaining flight; and

(b) operated with no possible direct human intervention from on or within the aircraft.

(6) “Unmanned aircraft system” means the entire system used to operate an unmanned aircraft, including:

(a) the unmanned aircraft, including payload;

(b) communications equipment;

(c) navigation equipment;

(d) controllers;

(e) support equipment; and

(f) autopilot functionality.

72-14-103

72-14-104

Applicability.
This chapter does not apply to a person or business entity:

(1) using an UA for legitimate educational or business purposes; and

(2) operating the UAS in a manner consistent with applicable FAA rules, exemptions, or other authorizations.

72-14-201

Title.
This part is known as “Law Enforcement Use of Unmanned Aircraft.”

72-14-202

Definitions.
As used in this part:

(1) “Civilian” means a person that is not a law enforcement officer.

(2) “Law enforcement agency” means the same as that term is defined in Section 53-13-103.

(3) “Law enforcement officer” means the same as that term is defined in Section 53-13-103.

(4) “Target” means a person upon whom, or an object, structure, or area upon which, another person:

(a) has intentionally collected or attempted to collect information through the operation of an UAS; or

(b) intends to collect or to attempt to collect information through the operation of an UAS.

72-14-203

UAS use requirements — Exceptions.

(1) A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:

(a) pursuant to a search warrant;

(b) in accordance with judicially recognized exceptions to warrant requirements;

(c) subject to Subsection (2), from a person who is a nongovernment actor;

(d) to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or

(e) for purposes unrelated to a criminal investigation.

(2) A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:

(a) the data appears to pertain to the commission of a crime; or

(b) the law enforcement agency or officer believes, in good faith, that:

(i) the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and

(ii) disclosing the data would assist in remedying the emergency.

(3) A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an UAS or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law.

(4) This section applies to any imaging surveillance device, as defined in Section 77-23d-102, when used in conjunction with an UAS.

72-14-204

Data retention.

(1) Except as provided in this section, a law enforcement agency:

(a) may not use, copy, or disclose data collected by an UAS on a person, structure, or area that is not a target; and

(b) in accordance with applicable federal, state, and local laws, shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law enforcement agency collects or receives the data.

(2) A law enforcement agency is not required to comply with Subsection (1) if:

(a) deleting the data would also require the deletion of data that:

(i) relates to the target of the operation; and
(ii) is requisite for the success of the operation;

(b) the law enforcement agency receives the data:

(i) through a court order that:

(A) requires a person to release the data to the law enforcement agency; or

(B) prohibits the destruction of the data; or

(ii) from a person who is a nongovernment actor;

(c) (i) the data was collected inadvertently; and

(ii) the data appears to pertain to the commission of a crime;

(d) (i) the law enforcement agency reasonably determines that the data pertains to an emergency situation; and

(ii) using or disclosing the data would assist in remedying the emergency; or

(e) the data was collected through the operation of an UAS over public lands outside of municipal boundaries.

72-14-205

Reporting

(1) As used in this section, “law enforcement encounter” means the same as that term is defined in Section 77-7a-103.

(2) A law enforcement officer or agency that operates an UAS while on duty or acting in the law enforcement officer’s or agency’s official capacity, or obtains or receives data in accordance with Section 72-14-203, shall document the following in any report or other official record of the law enforcement encounter:

(a) the presence and use of the UA;

(b) any data acquired; and

(c) if applicable, the person from whom data was received in accordance with Subsection 72-14-203(2).

72-14-301

Title
This part is known as “Unlawful Use of Unmanned Aircraft.”

72-14-303

Weapon attached to unmanned aircraft – Penalties.

(1) As used in this section “weapon” means:

(a) a firearm as described in Section 76-10-501; or

(b) an object that in the manner of the object’s use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors:

(i) the location and circumstances in which the object is used or possessed;

(ii) the primary purpose for which the object is made;

(iii) the character of the damage, if any, the object is likely to cause;

(iv) the manner in which the object is used;

(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

(vi) the lawful purposes for which the object may be used.

(2) (a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft that carries a weapon or to which a weapon is attached.

(b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.

(3) A person may fly an UA that carries a weapon or to which a weapon is attached if the person:

(a) (i) obtains a certificate of authorization, or other written approval, from the FAA authorizing the person to fly the UA that carries the weapon or to which the weapon is attached; and

(ii) operates the UA in accordance with the certificate of authorization or other written approval;

(b) (i) obtains a contract with the state or the federal government permitting the person to fly the UA that carries the weapon or to which the weapon is attached; and

(ii) operates the UA in accordance with the contract; or

(c) operates the UA that carries the weapon or to which the weapon is attached in airspace controlled by the US DOD, with the permission of the US DOD.

72-14-304

Unlawful operation of UA near prison facilities – Penalties.

(1) An individual may not operate an UAS:

(a) to carry or drop any item to or inside the property of a correctional facility; or

(b) in a manner that interferes with the operations or security of a correctional facility.

(2) (a) A violation of Subsection (1)(a) is a third degree felony.

(b) A violation of Subsection (1)(b) is a class B misdemeanor.

(3) An operator of an UAS does not violate Subsection (1) if the operator is:

(a) an employee or contractor working on behalf of a mosquito abatement district created pursuant to Title 17B, Limited Purpose Local Government Entities – Local Districts, or Title 17D, Limited Purpose Local Government Entities – Other Entities; and

(b) acting in the course and scope of the operator’s employment.

72-14-401

Title.
This part is known as “Safe Use of Unmanned Aircraft.”

72-14-403

Safe operation of unmanned aircraft.

(1) An individual who operates an UAS to fly an UA for recreational purposes shall comply with this section or 14 CFR Sec.101, Subpart E.

(2) An individual operating an UA shall:

(a) maintain visual line of sight of the UA in order to:

(i) know the location of the UA:

(ii) determine the attitude, altitude, and direction of flight:

(iii) observe the airspace for other air traffic or hazards; and

(iv) determine that the UA does not endanger the life or property of another person:

(b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:

(i) the operator of the UA; or

(ii) a visual observer.

(3) An individual may not operate an UA in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless the operator of the UA has prior authorization from ATC.

(4) An individual may not operate an UA in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.

(5) An individual may not operate an unmanned aircraft system:

(a) from a public transit rail platform or station; or

(b) (i) under a height of 50 feet within a public transit fixed guideway right-of-way; and

(ii) directly above any overhead electric lines used to power a public transit rail vehicle.

(6) An individual may not operate an UA in violation of a notice to airmen described in 14 CFR Sec. 107.47.

(7) An individual may not operate an UA at an altitude that is higher than 400 feet above ground level unless the UA:

(a) is flown within a 400-foot radius of a structure; and

(b) does not fly higher than 400 feet above the structure’s immediate uppermost limit.

(8) (a) An individual who violates this section is liable for any damages that may result from the violation.

(b) A law enforcement officer shall issue a written warning to an individual who violates this section who has not previously received a written warning for a violation of this section.

(c) Except as provided in Subsection (8)(d), an individual who violates this section after receiving a written warning for a previous violation of this section is guilty of an infraction.

(d) An individual who violates this section is guilty of a class B misdemeanor for each conviction of a violation of this section after the individual is convicted of an infraction or a misdemeanor for a previous violation of this section.

76-2-106

Commission of offense with aid of UAS.

(1) As used in this section:

(a) “Unmanned aircraft” means the same as that term is defined in Section 72-14-102.

(b) “Unmanned aircraft system” means the same as that term is defined in Section 72-14-102.

(2) An actor may be found guilty of an offense if:

(a) the actor commits the offense with the aid of an UA; and

(b) the UAS for the UA is under the actor’s control at the time of the offense.

76-6-206

Criminal trespass

(1) As used in this section:

(a) “Enter” means intrusion of the entire body or the entire UA.

(b) “Remain unlawfully,” as that term relates to an UA, means remaining on or over private property when:

(i) the private property or any portion of the private property is not open to the public; and

(ii) the person operating the unmanned aircraft is not otherwise authorized to fly the UA over the private property or any portion of the private property.

(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial obstruction:

(a) the person enters or remains unlawfully on or causes an UA to enter and remain unlawfully over property and:

(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;

(ii) intends to commit any crime, other than theft or a felony; or

(iii) is reckless as to whether the person’s or UA’s presence will cause fear for the safety of another;

(b) knowing the person’s or UA’s entry or presence is unlawful, the person enters or remains on or causes an UA to enter or remain unlawfully over property to which notice against entering is given by:

(i) personal communication to the person by the owner or someone with apparent authority to act for the owner;

(ii) fencing or other enclosure obviously designed to exclude intruders; or

(iii) posting of signs reasonably likely to come to the attention of intruders; or

(c) the person enters a condominium unit in violation of Subsection 57-8-7(8).

(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless the violation is committed in a dwelling, in which event the violation is a class A misdemeanor.

(b) A violation of Subsection (2) (c) is an infraction.

(4) It is a defense to prosecution under this section that:

(a) the property was at the time open to the public; and

(b) the actor complied with all lawful conditions imposed on access to or remaining on the property.

(5) In addition to an order for restitution under Section 77-38b-205, a person who commits a violation of Subsection (2) may also be liable for:

(a) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2) or $500, whichever is greater; and

(b) reasonable attorney fees not to exceed $250, and court costs.

(6) Civil damages under Subsection (5) may be collected in a separate action by the property owner or the owner’s assignee.

76-9-308

Harassment of livestock.

(1) As used in this section:

(a) “Livestock” has the same meaning as that term is defined in Subsection 76-9-301(1).

(b) “Unmanned aircraft system” means the same as that term is defined in Section 72-14-102.

(2) Except as provided in Subsection (3), a person is guilty of harassment of livestock if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress, or harms livestock through the use of:

(a) a motorized vehicle or all-terrain vehicle;

(b) a dog; or

(c) an unmanned aircraft system.

(3) A person is not guilty of harassment of livestock if:

(a) the person is:

(i) the owner of the livestock;

(ii) an employee or agent of the owner, or otherwise acting under the owner’s general direction or with the owner’s permission;

(iii) acting in an emergency situation to prevent damage to the livestock or property; or

(iv) an employee or agent of the state or a political subdivision and acting in the employee or agent’s official capacity; or

(b) the action is in line with generally accepted animal husbandry practices.

(4) A person who violates this section is guilty of:

(a) a class B misdemeanor if the violation is a first offense and:

(i) no livestock is seriously injured or killed as a result of the person’s actions; or

(ii) the person’s actions cause the livestock to be displaced onto property where the livestock is not legally entitled to be; and

(b) a class A misdemeanor if:

(i) the person has previously been convicted of harassment of livestock under this section;

(ii) livestock is seriously injured or killed as a result of the person’s actions; or

(iii) livestock or property suffered damage in excess of $1,000, including money spent in recovering the livestock, as a result of the person’s actions.

76-9-402

Privacy violation.

(1) A person is guilty of privacy violation if, except as authorized by law, the person:

(a) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place:

(b) installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy in the private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place; or

(c) installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place which would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of the person or persons entitled to privacy in the private place.

(2) A person is not guilty of a violation of this section if:

(a) the device used is an UA;

(b) the person is operating the UA for legitimate commercial or educational purposes in a manner consistent with applicable FAA rules, exemptions, or other authorizations; and

(c) any conduct described in Subsection (1) that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.

(3) Privacy violation is a class B misdemeanor.

65A-3-2.5

Wildland fire and UA.

(1) As used in this section:

(a) “Incident commander” means the government official or employee in command of the response to a wildland fire.

(b) “Neutralize” means to terminate the operation of an UA by:

(i) disabling or damaging the UA;

(ii) interfering with any portion of the UAS associated with the UA; or

(iii) otherwise taking control of the UA or the UAS associated with the UA.

(c) “Sanctioned entity” includes a person that oversees, is employed by, or is working under the direction of:

(i) a government entity;

(ii) a telecommunications provider;

(iii) a utility provider;

(iv) the owner or operator of a pipeline;

(v) an insurance provider;

(vi) a resource extraction entity;

(vii) news media;

(viii) a person that operates an UAS under a certificate of waiver, a certificate of authorization, or any other grant of authority obtained from the FAA that expressly authorizes operation of the UAS; or

(ix) person similar to a person described in Subsections (1)(c)(i) through (vii).

(d) “Unmanned aircraft” means an aircraft that is:

(i) capable of sustaining flight; and

(ii) operated with no possible direct human intervention from on or within the aircraft.

(e) “Unmanned aircraft system” means the entire system used to operate an UA, including:

(i) the unmanned aircraft;

(ii) communications equipment;

(iii) navigation equipment;

(iv) controllers;

(v) support equipment; and

(vi) autopilot functionality.

(2) A person may not operate an UAS in a manner that causes an UA to fly within an area that is under a temporary flight restriction that is issued by the FAA as a result of the wildland fire, or an area designated as a wildland fire scene on a system managed by a federal, state, or local government entity that disseminates emergency information to the public, unless the person operates the UAS with the permission of, and in accordance with the restrictions established by, the incident commander.

(3) A person, other than a government official or a government employee acting within the person’s capacity as a government official or government employee, that recklessly operates an UAS in a manner that causes an unmanned aircraft to fly within an area described in Subsection (2) is guilty of:

(a) except as provided in Subsection (3)(b), (c), or (d), a class B misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $2,500;

(b) except as provided in Subsection (3)(c) or (d), a class A misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $5,000, if the operation of the UAS:

(i) causes an aircraft being used to contain or control a wildland fire to drop a payload of water or fire retardant in a location other than the location originally designated for the aircraft to drop the payload;

(ii) causes an aircraft being used to contain or control a wildland fire to land without dropping a payload of water or fire retardant in the location originally designated for the aircraft to drop the payload; or

(iii) prevents an aircraft, intended for use in containing or controlling a wildland fire, from taking flight;

(c) except as provided in Subsection (3)(d), a third degree felony, punishable by imprisonment as provided in Section 76-3-203 and a fine not to exceed $10,000, if the operation of the unmanned aircraft system causes the unmanned aircraft to come into direct physical contact with a manned aircraft; or

(d) a second-degree felony, punishable by imprisonment as provided in Section 76-3-203 and a fine not to exceed $15,000, if the operation of the UA is the proximate cause of a manned aircraft colliding with the ground, a structure, or another manned aircraft.

(4) A judge may require a person convicted of a violation under Subsection (3) to pay restitution in an amount equal to damages resulting from the violation, including damages to person or property, the costs of a flight, and any loss of fire retardant.

(5) The incident commander of a wildland fire shall grant reasonable access to the area of, and within three miles of, the wildland fire to a sanctioned entity if:

(a) the access is for a purpose related to the responsibilities or business of the sanctioned entity; and

(b) the access can be granted, with reasonable restrictions, without imposing a safety risk or impairing efforts to control the wildland fire.

(6) The chief law enforcement officer for a jurisdiction located in an area described in Subsection (2) or the incident commander of a wildland fire may neutralize or authorize another to neutralize an unmanned aircraft that is flying in an area described in Subsection (2) if the chief law enforcement officer or the incident commander determines that the neutralization is reasonably necessary to terminate a violation described in Subsection (3).

(7) A political subdivision of the state, or an entity within a political subdivision of the state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft in relation to a wildland fire.