TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 2

STATE BOARD OF CORRECTION

20-251.  unmanned aircraft systems near department of correction facilities. (1) As used in this section:

(a)  "Correctional facility" means a facility incarcerating state inmates under the control of the Idaho department of correction.

(b)  "Mitigation measures" means actions, such as jamming, that are taken to cause electronic interference to neutralize, intercept, disable, or disrupt an unmanned aircraft system in order to prevent illegal or harmful activity.

(c)  "Nefarious manner" means a manner in which an unmanned aircraft system is used for an illegal, dangerous, or harmful purpose. Such purpose may include but is not limited to spying, smuggling contraband, facilitating criminal activity, or posing a direct threat to public safety or security of a correctional facility.

(d)  "Restricted airspace" means the airspace from the surface to a height of four hundred (400) feet above ground level within the defined perimeter of a correctional facility.

(2)  The department of correction or a law enforcement officer or agency may take reasonable and necessary mitigation measures against a threat posed by an unmanned aircraft system operating in a nefarious manner within restricted airspace within this state as long as it does not conflict with federal law.

(3)  The department of correction or a law enforcement officer or agency may act pursuant to subsection (2) of this section only if there is reasonable suspicion that the unmanned aircraft system is operating in a nefarious manner within the restricted airspace of any department of correction facility where prisoners are held. The department of correction or a law enforcement officer or agency shall not be liable for any loss of or damage to an unmanned aircraft system due to mitigation measures taken pursuant to this section. The department of correction shall post notices on roads near correctional facilities that the area is a "Drone No Fly Zone."

(4)  The use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be unlawful. Whoever commits the crime of unlawful use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be guilty of a misdemeanor and shall be fined no more than one thousand dollars ($1,000), imprisoned in the county jail for no more than six (6) months, or by both such fine and imprisonment. In addition to the sentence imposed pursuant to this subsection, the court may order the forfeiture of the unmanned aircraft system used in connection with the unlawful act.

(5)  It shall be the responsibility of unmanned aircraft system operators to be familiar with all airspace restrictions and the location of correctional facilities and all other restricted airspace when operating unmanned aircraft systems. Lack of knowledge that the prohibited act occurred within the restricted airspace of the correctional facility shall not be a defense.

History:

[20-251, added 2026, ch. 233, sec. 1, p. 1013.]