LA – Louisiana

Flag courtesy of Wikipedia

The Cathedral-Basilica of Saint Louis is the oldest cathedral in continuous use in what would become the United States.

Photo courtesy of the CIA World Factbook

Louisiana government website just for reference.

The LADOT has a LADOT UAS Page.

Louisiana Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on June 4, 2024

Airspace

In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.

Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.

Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:

(a) The using agency described in § 73.15; or

(b) The controlling agency described in § 73.17.

These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:

(1) Schedule activities within the restricted area;

(2) Authorize transit through, or flight within, the restricted area as feasible; and

(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.

For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.

Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.

Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.

Alert Areas:  Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.

Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.

National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.

 

 

 

Crewed Aircraft in your Airspace

CREWED AIRCRAFT

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

Louisiana Revised Statute 2:2

RS 2:2

2. Regulation of unmanned aerial systems and unmanned aircraft systems; preemption

State Preemption

A. Subject to the provisions of Subsection C of this Section and except as otherwise provided by law:

(1) The state shall have exclusive jurisdiction to regulate all unmanned aircraft systems and all unmanned aerial systems.

(2) State law shall supersede and preempt any rule, regulation, code, or ordinance of any political subdivision or other unit of local government. Nothing in this Section shall preempt the exclusive sovereignty of airspace of the US as set forth in 49 USC 40103. Any interpretation or application of any provision of this Section that contradicts the exclusive authority of the US government to regulate unmanned aircraft systems and all unmanned aerial systems shall be null.

 

B. As used in this Section, the following phrases shall have the following meanings:

(1) “Unmanned aerial system” means an UA and all associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the UA. The system may include drones, remote-controlled aircraft, UA, or any other such aircraft that is controlled autonomously by computer or remote control from the ground.

(2) “Unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, may be autonomous or remotely piloted or operated, and may be expendable or recoverable. “Unmanned aircraft system” does not include any of the following:

(a) A satellite orbiting the earth.

(b) An UAS used by the federal government or a person who is acting pursuant to contract with the federal government to conduct surveillance of specific activities.

(c) An UAS used by the state government or a person who is acting pursuant to a contract with the state government to conduct surveillance of specific activities.

(d) An UAS used by a local government law enforcement agency or fire department.

(e) An UAS used by a person, affiliate, employee, agent, or contractor of any business that is regulated by the Louisiana Public Service Commission, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property belonging to such business.

(f) An UAS used by a person, affiliate, employee, agent, or contractor of any business that is regulated by a local franchising authority, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property belonging to such business.

(g) An UAS used by a person, affiliate, employee, agent, or contractor of any business that is regulated by the FCC under the Cable Television Consumer Protection and Competition Act of 1992 or under Part 73 of Title 47 of the United States Code of Federal Regulations, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property belonging to such business.

(h) An UAS used by a person, affiliate, employee, agent, or contractor of a municipal or public utility while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property belonging to such municipal or public utility.

(i) An UAS used by a person, affiliate, employee, agent, or contractor of any business that is regulated by the Federal Railroad Administration, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, equipment, servitude, or any property located on the immovable property belonging to such business.

C. If federal law or regulation preempts any provision of this Section, that provision of this Section shall be null.

Louisiana Revised Statute 2:2.1

RS 2:2.1

2.1 Louisiana Drone Advisory Committee

A. There is hereby created within the Louisiana Department of Transportation and Development the Louisiana Drone Advisory Committee.

B. (1) The secretary of the Department of Transportation and Development shall create the Louisiana Drone Advisory Committee and it shall be comprised of fifteen members. The members shall be selected by the following individuals as a means of representing a diverse set of stakeholders involved in the deployment and advancement of drone technologies in the state. The committee shall provide recommendations to the secretary of the Department of Transportation and Development as well as both the House Committee on Transportation Highways and Public Works and the Senate Committee on Transportation Highways and Public Works on policy and regulatory issues related to the adoption of drone technologies.

(2) The members shall be appointed by the following groups or individuals:

(a) One member selected by the governor.

(b) One member selected by the chairman of the Senate Committee on Transportation, Highways and Public Works.

(c) One member selected by the chairman of the House Committee on Transportation, Highways and Public Works.

(d) One member selected by the secretary of the Department of Transportation and Development.

(e) One member from the Louisiana Farm Bureau Federation appointed by the president of the Louisiana Farm Bureau Federation.

(f) One member from the DRONERESPONDERS Public Safety Alliance appointed by the director of the DRONERESPONDERS Public Safety Alliance.

(g) One member from the Louisiana Society of Professional Surveyors appointed by the president of the Louisiana Society of Professional Surveyors.

(h) One member from the Louisiana Mid-Continent Oil and Gas Association appointed by the board of directors of the Louisiana Mid-Continent Oil and Gas Association.

(i) One member selected by the president of the Senate.

(j) One member selected by the speaker of the House of Representatives.

(k) One member from the Pelican Chapter of the AUVSI appointed by the chairman of the Pelican Chapter of the AUVSI.

(l) One member from the Fletcher Technical Community College appointed by the chancellor of the Fletcher Technical Community College.

(m) One member from the Nicholls State University appointed by the president of Nicholls State University.

(n) One member from the Louisiana Airport Managers and Associates appointed by the board of the Louisiana Airport Managers and Associates.

(o) One member from the Houma-Terrebonne Airport Commission appointed by the commission.

C. The Louisiana Drone Advisory Committee shall meet at least four times a year starting in August of 2021. Appointments to the committee shall be made no later than July 31, 2021. The term of the appointments shall cease at the end of the 2022 Regular Session of the Louisiana Legislature, at which time new appointments shall be made and end after the next two regular sessions. If a member resigns from the committee, the member shall be replaced by the individual responsible for their nomination.

D. The members of the Louisiana Drone Advisory Committee shall serve without compensation. The department shall provide staff support and resources to the committee solely for the preparation of committee agendas and minutes.

E. (1) At least thirty days prior to the start of each legislative session, the committee shall issue a report about the state of the unmanned aircraft system and unmanned aerial system industry in Louisiana that includes all of the following:

(a) Any legal barriers operators face.

(b) Approximately how many operators are operating in the state.

(c) Any companies using unmanned aircraft systems and unmanned aerial systems for commercial purposes.

(d) The economic value of the industry in the state.

(e) The ranking of Louisiana in comparison to other states in terms of the development of its own industry.

(f) The actions taken by the FAA over the previous year relative to unmanned aircraft systems and unmanned aerial systems.

(2) The committee shall examine the potential impact of drone highways for the first report.

F. The Louisiana Drone Advisory Committee shall by majority vote of a quorum of members present at a meeting appoint one member of the committee to serve as a liaison with the FAA to address any issues with federal, state, and local laws governing unmanned aircraft systems and unmanned aerial systems.

Louisiana Revised Statute 3:41

RS 3:41

41. Definitions

For the purposes of this Chapter, the following definitions shall apply:

(1) “Agricultural commercial operation” means the use of any agricultural facility or agricultural land for agricultural production or agricultural processing and includes the production and processing of crops or products, livestock or livestock products, farm-raised fish and fish products, wood, timber or forest products, fowl and plants for breeding or sale, and poultry or poultry products for commercial or industrial purposes. “Agricultural commercial operation” also includes the use of farm machinery, equipment, devices, chemicals, products for agricultural use, materials, and structures designed for agricultural use and used in accordance with traditional farm practices.

(2) “Aircraft” means an UA operated as a part of an UAS.

(3) “Commissioner” means the Louisiana commissioner of agriculture and forestry.

(4) “Data” means any information, pictures, images, samples, or other such information obtained through an UAS.

(5) “Department” means the Louisiana Department of Agriculture and Forestry.

(6) “Unmanned aerial system” means an UA and all associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the UA. Such system may include drones, remote-controlled aircraft, UA, or any other such aircraft that is controlled autonomously by computer or remote control from the ground.

Louisiana Revised Statute 3:42

RS 3:42

42. Powers of the commissioner

A. The commissioner shall adopt rules and regulations to implement the provisions of this Chapter, including but not limited to rules and regulations governing the registration of UAS used in the course of agricultural commercial operations. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.

B. The commissioner shall administer and enforce the provisions of this Chapter and the rules and regulations adopted pursuant to the provisions of this Chapter.

C. The commissioner may appoint committees to advise on the implementation of the provisions of this Chapter. The appointed committees shall include public universities holding certificates of authorization from the FAA as well as other active university research programs.

Louisiana Revised Statute 3:43

RS 3:43

43. Licenses and registration

A. Each person operating an UAS in the course of an agricultural commercial operation shall obtain a license from the department, which shall be issued upon the applicant meeting the following requirements:

(1) Applicants shall submit a written application to the department as provided by the commissioner by rule.

(2) Prior to applying for a license, each applicant shall complete an agricultural education and safety training course administered by the Louisiana Cooperative Extension Service or the Southern University Agricultural Research and Extension Center and comply with any other licensing requirements established by the commissioner by rule.

B. Each UAS operated in the course of an agricultural commercial operation shall be registered with the department.

C. Licenses and registrations shall be valid for three years and may be renewed for additional three-year periods in accordance with rules adopted by the commissioner.

Louisiana Revised Statute 3:44

RS 3:44

44. UAS; operation

A. UAS may operate in agricultural commercial operations in accordance with this Chapter and the rules and regulations established by the commissioner, except as prohibited by federal law.

B. (1) Private landowners engaged in agricultural commercial operations on their private property may use UAS within the geographical confines of their property.

(2) Producers, tenants, lessees, university researchers, or other contracted or hired personnel working on private property who are engaged in agricultural commercial operations may use UAS within the geographical confines of the property, only with written permission of the landowner or entity controlling the agricultural commercial use of the property.

(3) Data obtained through the use of an UAS shall be used solely in the course of conducting a generally accepted agricultural commercial operation, or in conjunction with an agricultural research, extension program, or initiative conducted by a Louisiana public postsecondary educational institution.

(4) All data obtained through the use of an UAS shall remain the property of the legal owner of the property where the data was collected, unless written approval is given by the property owner for other uses. Public universities conducting agricultural research may negotiate with the legal owner of the property for the terms of use or shared ownership of the data.

Louisiana Revised Statute 3:45

RS 3:45

45. Violations

Violations of this Part shall include but shall not be limited to the following:

(1) The failure or refusal to obtain an UAS license in accordance with RS 3:43.

(2) The failure or refusal to register an UAS operated in the course of an agricultural commercial operation in accordance with RS 3:43.

(3) Any violation of this Chapter or of any rule or regulation adopted pursuant to the provisions of this Chapter.

(4) Any interference with the commissioner and the department or its representatives in the performance of their duties as prescribed in this Chapter.

(5) Failure to timely pay any penalties or costs due pursuant to the provisions of this Chapter or any rule or regulation of the commissioner adopted pursuant to this Chapter.

Louisiana Revised Statute 3:46

RS 3:46

46. Stop orders

A. When the commissioner has reason to believe that a violation has occurred, the commissioner may issue a stop order prohibiting the continued use of an UAS.

B. Any violation of a stop order shall constitute a separate violation.

C. A stop order may be released by the commissioner upon a determination by the commissioner that the cause for issuing the stop order has been remedied.

D. Any person aggrieved by a stop order may petition the commissioner for a hearing to contest the validity of the stop order by making a written request within five calendar days after issuance of the stop order. The hearing shall be held within ten calendar days of receipt of the written request for a hearing. The commissioner may appoint a hearing officer to preside over the matter. The commissioner shall issue a ruling in the matter. The hearing and any subsequent appeal shall be held in accordance with the provisions of the Administrative Procedure Act.

E. Based upon the results of the hearing, or a consent agreement, the commissioner may take one or more of the following actions:

(1) Release the stop order.

(2) Require the cause for the stop order to be remedied prior to releasing the stop order.

(3) Amend the stop order.

Louisiana Revised Statute 3:48

RS 3:48

48. Fees

A. The commissioner shall establish, by rule in accordance with the Administrative Procedure Act, a registration fee for each UAS in an amount not to exceed one hundred dollars.

B. The commissioner shall establish, by rule in accordance with the Administrative Procedure Act, an agricultural education and safety training course fee payable to the Louisiana State University Agricultural Center or the Southern University Agricultural Research and Extension Center, not to exceed fifty dollars for conducting the agricultural education and safety training course as required by RS 3:43(A)(2).

Louisiana Revised Statute 14:63

RS 14:63

63. Criminal trespass

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B. (1) No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

(2) For purposes of this Subsection, the phrase “enter upon immovable property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an UAS as defined by RS 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an UAS in compliance with federal law or FAA regulations or authorization.

C. (1) No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

(2) For purposes of this Subsection, the phrase “remain in or upon property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an UAS as defined by RS 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an UAS in compliance with federal law or FAA regulations or authorization.

D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.

E. The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

(1) A duly commissioned law enforcement officer in the performance of his duties.

(2) Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.

(3) Emergency medical personnel engaged in the rendering of medical assistance to an individual.

(4) Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.

(5) Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.

(6) Any person authorized by a court of law to enter or remain on immovable property.

(7) Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

(1) A professional land surveyor or his authorized personnel, engaged in the “practice of land surveying”, as defined in RS 37:682.

(2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the FCC under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.

(3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.

(4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.

(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.

(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.

(7) Any candidate for political office or any person working on behalf of a candidate for a political office.

(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

G. The following penalties shall be imposed for a violation of this Section:

(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.

(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.

(4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.

(5) In addition to the foregoing penalties, and notwithstanding any other law to the contrary, a person convicted under this Section who has killed or otherwise misappropriated any wildlife, as defined by RS 56:8, in the course of commission of the offense shall forfeit the misappropriated wildlife to the law enforcement authority, and shall be ordered to pay the value of the misappropriated wildlife into the Conservation Fund of the Department of Wildlife and Fisheries in accordance with RS 56:40.1 et seq. The value of the wildlife that was misappropriated shall be determined by the guidelines adopted by the Wildlife and Fisheries Commission pursuant to RS 56:40.2.

H. The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.

I. A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.

J. Although not required by this Section, notice that entrance upon any structure, watercraft, movable, or immovable property owned by another is prohibited may be indicated by either of the following:

(1) A sign or signs posted on or in the property at a place or places where such sign or signs may be reasonably expected to be seen.

(2) The placement of identifying purple paint marks on the trees or posts on the property, provided that such marks are:

(a) Vertical lines of not less than eight inches in length and not less than one inch in width.

(b) Placed so that the bottom of the mark is not less than three feet from the ground nor more than five feet from the ground.

(c) Placed at locations that are readily visible to any person approaching the property and no more than one hundred feet apart on forest land, as defined in RS 3:3622, or one thousand feet apart on land other than forest land.

Louisiana Revised Statute 14:108

RS 14:108

108. Resisting an officer

A. Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity.

B. (1) The phrase “obstruction of” as used herein shall, in addition to its common meaning, signification, and connotation mean the following:

(a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

(b) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.

(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

(d) Congregation with others on a public street and refusal to move on when ordered by the officer.

(e) Knowing interference with a police cordon resulting from the intentional crossing or traversing of a police cordon by an unauthorized person or an UAS. The cordoned area includes the airspace above the cordoned area.

(i) For purposes of this Subparagraph, “police cordon” means any impediment or structure erected or established by an officer for crowd or traffic control, or to prevent or obstruct the passage of a person at the scene of a crime or investigation.

(ii) “Impediment or structure” includes but is not limited to crime scene tape, rope, cable, wire or metal barricades, or the posting of uniformed officers or other personnel otherwise identifiable as law enforcement officers.

(iii) “Unmanned aircraft system” shall have the same meaning as provided by RS 14:337(B).

(iv) If the flight of a UAS into the cordoned area endangers the public or an officer’s safety, law enforcement personnel or fire department personnel are authorized to disable the UAS.

(2) The word “officer” as used herein means any peace officer, as defined in RS 40:2402, and includes deputy sheriffs, municipal police officers, probation and parole officers, city marshals and deputies, and wildlife enforcement agents.

C. Whoever commits the crime of resisting an officer shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

Louisiana Revised Statute 14:283

RS 14:283

283. Video voyeurism; penalties

A.  Video voyeurism is any of the following:

(1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an UAS equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

(a) It is for a lewd or lascivious purpose.

(b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

(2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

(3) The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an UAS equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

B. (1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.

(2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.

(3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.

(4) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of seventeen with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than two years or more than ten years without benefit of parole, probation, or suspension of sentence.

C. The provisions of this Section shall not apply to the transference of such images by a telephone company, cable television company, or any of its affiliates, an Internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial online services.

D, E. Repealed by Acts 2020, No. 352, §2.

F. A violation of the provisions of this Section shall be considered a sex offense as defined in RS 15:541. Whoever commits the crime of video voyeurism shall be required to register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.

G. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

H. This Section shall not apply to any bona fide news or public interest broadcast, website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.

Louisiana Revised Statute 14:283.1

RS 14:283.1

283.1 Voyeurism; penalties

A. Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking or using an UAS to look through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.

B. (1) Whoever commits the crime of voyeurism, upon a first conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

(2) Upon a second or subsequent conviction, the offender shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

C. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

Louisiana Revised Statute 14:283.3

RS 14:283.3

283.3 Abuse of persons with infirmities through electronic means

A. A person commits the crime of abuse of persons with infirmities through electronic means when all of the following occur:

(1) The person transfers an image that was obtained by any camera, videotape, photo-optical, photo-electric, UAS, or any other image recording device and that was obtained for the purpose of observing, viewing, photographing, filming, or videotaping any person with an infirmity.

(2) The person transfers the image by live or recorded telephone message, electronic mail, the internet, or a commercial online service.

(3) The person transfers the image with the malicious and willful intent to embarrass, shame, harass, coerce, abuse, torment, or intimidate, regardless of whether the victim has knowledge of the transfer.

B. For purposes of this Section:

(1) “Person with an infirmity” means a person who suffers from a mental or physical disability, including those associated with advanced age, which renders the person incapable of adequately providing for his personal care. A person with an infirmity may include but is not limited to a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility or recipients of home and community-based care.

(2) “Unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

C. (1) Whoever commits the crime of abuse of persons with infirmities through electronic means shall, upon a first conviction thereof, be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

(2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not more than three years without benefit of parole, probation, or suspension of sentence.

D. The provisions of this Section shall not apply to the transference of such images by a telephone company, television broadcast licensee of the FCC, cable television company, or any of its affiliates, an internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, over-the-air television, cable television, internet, or commercial online services.

E. The provisions of this Section shall not apply to any healthcare provider through its use of any of its cameras, videotape, photo-optical, photo-electric, UAS, or any other image recording device within the facility.

F. Any evidence resulting from the commission of abuse of persons with infirmities through electronic means shall be contraband.

Louisiana Revised Statute 14:284

RS 14:284

284. Peeping Tom; penalties

A. No person shall perform such acts as will make him a “Peeping Tom” on or about the premises of another, or go upon the premises of another for the purpose of becoming a “Peeping Tom”.

B. “Peeping Tom” as used in this Section means one who peeps through windows or doors, or other like places, situated on or about the premises of another or uses an UAS for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. It is not a necessary element of this offense that the “Peeping Tom” be upon the premises of the person being spied upon.

C. (1) Whoever violates this Section, upon a first conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

(2) Upon a second conviction, the offender shall be fined not more than seven hundred fifty dollars, imprisoned for not more than six months, or both.

(3) Upon a third or subsequent conviction, the offender shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

D. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

Louisiana Revised Statute 14:337

RS 14:337

337. Unlawful use of an UAS

A. Unlawful use of an UAS is either of the following:

(1) The intentional use of an UAS to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted facility without the prior written consent of the owner of the targeted facility.

(2) The intentional use of an UAS over the grounds of a state or local jail, prison, or other correctional facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law without the express written consent of the person in charge of that state or local jail, prison, or other correctional facility.

B. As used in this Section, the following definitions shall apply:

(1) “Federal government” means the USA and any department, agency, or instrumentality thereof.

(2) “State government” means the state of Louisiana and any department, agency, or instrumentality thereof.

(3) “Targeted facility” means the following systems:

(a) Petroleum and alumina refineries.

(b) Chemical and rubber manufacturing facilities.

(c) Nuclear power electric generation facilities.

(d) School and school premises as defined by RS 14:40.6(B).

(e) Critical infrastructure as defined by RS 14:61(B).

(f) Grain elevators and grain storage facilities.

(4) “Unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable. “Unmanned aircraft system” does not include any of the following:

(a) A satellite orbiting the earth.

(b) An UAS used by the federal government or a person who is acting pursuant to contract with the federal government to conduct surveillance of specific activities.

(c) An UAS used by the state government or a person who is acting pursuant to a contract with the state government to conduct surveillance of specific activities.

(d) An UAS used by a local government law enforcement agency or fire department.

(e) An UAS used by a person, affiliate, employee, agent, or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the FCC under the Cable Television Consumer Protection and Competition Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property which belongs to such a business.

C. (1) Nothing in this Section shall prohibit a person from using an UAS to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his own property that is either of the following:

(a) Located on his own immovable property.

(b) Located on immovable property owned by another under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(2) Third persons retained by the owner of the property described in Paragraph (1) of this Subsection shall not be prohibited under this Section from using an UAS to conduct activities described in Paragraph (1) of this Subsection.

D. The provisions of this Section shall not apply to any of the following:

(1) Any person operating an UAV or UAS in compliance with federal law or FAA authorization or regulations or to any person engaged in agricultural commercial operations as defined in RS 3:41.

(2) The operation of an UA by institutions of higher education conducting research, extension, and teaching programs in association with university sanctioned initiatives.

E. (1) Whoever commits the crime of unlawful use of an UAS as provided in Paragraph (A)(1) of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

(2) On a conviction for a second or subsequent offense as provided in Paragraph (A)(1) of this Section, the offender shall be fined not less than five hundred dollars nor more than four thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than two years, or both.

(3) Whoever commits the crime of unlawful use of an UAS as provided in Paragraph (A)(2) of this Section shall be fined not more than two thousand dollars, or imprisoned for not more than six months, or both.

(4) On a conviction for a second or subsequent offense as provided in Paragraph (A)(2) of this Section, the offender shall be fined not less than two thousand dollars nor more than five thousand dollars, or imprisoned, with or without hard labor, for not more than one year, or both.

F. The provisions of this Section shall not apply to UAS used for motion picture, television, or similar production where the filming is authorized by the property owner.

Audubon Nature Institute Rules

Audubon Nature Institute

Kite flying and drone usage is prohibited.

 

University Drone Policies

Baton Rouge Community College

Louisiana Tech University

McNeese State University

Northwestern State University of Louisiana

Southeastern Louisiana University

Tulane University

University of Louisiana at Lafayette

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM)

2023 – Louisiana Drone Advisory Committee (LADAC) addresses AAM

2024

 

 

Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of filming a Mardi Gras parade in front of the Cathedral-Basilica of Saint Louis, pictured above.

They need you to mention any state laws and local ordinances.

They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.

Question 3

Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.

Question 4

Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.

Question 5

Does the state have UAM/AAM laws? If so, describe, citing the exact law.

Question 6

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

License

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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