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Can You Get Arrested for Flying a Drone in Your Neighborhood?

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Drone use has become increasingly common across Texas for both recreation and professional projects. While drones are widely available to the public, their operation is subject to federal and state regulations designed to protect privacy and safety, according to the Austin American-Statesman.

The Federal Aviation Administration (FAA) oversees all airspace in the United States. Under U.S. Code 44809, recreational drone pilots must follow specific rules:

  • Fly below 400 feet in uncontrolled airspace
  • Keep the drone within visual line of sight
  • Operate only for personal enjoyment
  • Avoid interfering with other aircraft

The FAA also emphasizes that it is illegal to shoot down a drone, as firing at any aircraft is a safety risk and can result in civil penalties or criminal charges.

The Texas Government Code Chapter 423 governs how drones can be used within the state. It allows certain uses, such as research, academic, and military operations. However, it restricts using drones to record individuals or private property without consent.

Under Section 423.003, using a drone to capture images of a person or privately owned property for surveillance is a Class C misdemeanor, punishable by a fine of up to $500.
Civil penalties can also apply, including:

  • $5,000 for unlawful recordings,
  • $10,000 for displaying or distributing the material,
  • Additional damages if the disclosure was done with malice.

So, in conclusion, flying a drone in your neighborhood is generally legal, using it to record or monitor private property without permission can lead to fines and legal action. Staying within FAA altitude limits and respecting privacy laws can help ensure your flights remain compliant.

RA Staff
RA Staff
Written by RA News staff.

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