A Bill: For An Act To Be Entitled

Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
90th General Assembly
Regular Session, 2015
A Bill
HOUSE BILL 1079
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By: Representative Harris
For An Act To Be Entitled
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AN ACT CONCERNING THE USE OF AN UNMANNED VEHICLE OR
AIRCRAFT THAT CAPTURES IMAGES; TO CREATE THE CRIMINAL
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OFFENSES; TO PROVIDE FOR CIVIL LIABILITY; AND FOR
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OTHER PURPOSES.
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Subtitle
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CONCERNING THE USE OF AN UNMANNED VEHICLE
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OR AIRCRAFT THAT CAPTURES IMAGES; TO
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CREATE THE CRIMINAL OFFENSES; TO PROVIDE
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FOR CIVIL LIABILITY.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1.
Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended
to add a new section to read as follows:

5-60-103.
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an image.
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(a)
Unlawful use of an unmanned vehicle or aircraft to capture
As used in this section, "image" means:
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(1)
Sound waves;
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(2)
Thermal, infrared, ultraviolet, or visible light or other
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electromagnetic waves;
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(3)
Odor; or
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(4)
Other conditions existing on or about real property or the
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appearance of an individual located on the real property.

(b)
A person commits the offense of unlawful use of an unmanned
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vehicle or aircraft to capture an image if the person knowingly uses or
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authorizes the use of an unmanned vehicle or aircraft to capture an image.
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HB1079
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(c)
image is a Class C misdemeanor.
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Unlawful use of an unmanned vehicle or aircraft to capture an
(d)
It is a defense to prosecution under this section that the image
was captured:
(1)
occupies the real property;
(2)
Pursuant to a valid search warrant or arrest warrant;
(3)
By a law enforcement officer or law enforcement agency in
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immediate pursuit of a person the law enforcement officer or law enforcement

agency has probable cause to suspect has committed a felony;
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(4)
For the purpose of fire suppression or rescuing a person
whose life is in imminent danger;
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With the express consent of the person who owns or lawfully
(5)
Without magnification or other enhancement and from no more
than six feet (6') above ground level in a public place; or
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(6)
On real property that was public.
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SECTION 2.
to add a new section to read as follows:
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5-60-104.
Unlawful possession or distribution of an image captured
unlawfully by an unmanned vehicle or aircraft.
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Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended
(a)
As used in this section, "distribute" means to disclose, display,
or otherwise reveal to a person.
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(b)(1)
A person commits the offense of unlawful possession or
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distribution of an image captured unlawfully by an unmanned vehicle or
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aircraft if the person knowingly possesses or distributes an image that was
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captured by an unmanned vehicle or aircraft in violation of 5-60-103.
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(2)
this section is a separate offense.
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(c)
(1)
Class C misdemeanor if the person only possessed an image;
(2)
Class B misdemeanor if the person distributed an image.
or
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Unlawful possession or distribution of an image captured
unlawfully by an unmanned vehicle or aircraft is a:
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Each image a person possesses or distributes in violation of
(d)
It is a defense to prosecution under this section that a person
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who possessed an image destroyed the image as soon as he or she had knowledge
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that the image was captured in violation of 5-60-103.

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SECTION 3.
Arkansas Code Title 16, Chapter 118, is amended to add a
new section to read as follows:
16-118-111.
Civil action for damages and equitable relief for
violations of prohibition against certain uses of an unmanned vehicle or
aircraft.
(a)
A person who is the subject of or a person who owns or legally
occupies real property that is the subject of an image captured, possessed,
distributed, or otherwise used in violation of 5-60-103 or 5-60-104 may:
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(1)
violation of 5-60-103 or 5-60-104; and
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(2)
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Bring a civil action to enjoin a violation or threatened
(b)
File a civil action for damages.
If it is found in a civil action that a person has violated 5-
60-103 or 5-60-104, the person is liable for:
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(1)
A civil penalty of one thousand dollars ($1,000) for each
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image of the plaintiff or of the real property owned or legally occupied by
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the plaintiff that was captured, possessed, distributed, or otherwise used;
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and
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(2)
Court costs and reasonable attorney's fees incurred by the
plaintiff.
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Stricken language would be deleted from and underlined language would be added to present law.

90th General Assembly

Regular Session, 2015

By: Representative Harris

For An Act To Be Entitled

AN ACT CONCERNING THE USE OF AN UNMANNED VEHICLE OR

AIRCRAFT THAT CAPTURES IMAGES; TO CREATE THE CRIMINAL

OFFENSES; TO PROVIDE FOR CIVIL LIABILITY; AND FOR

CONCERNING THE USE OF AN UNMANNED VEHICLE

OR AIRCRAFT THAT CAPTURES IMAGES; TO

CREATE THE CRIMINAL OFFENSES; TO PROVIDE

FOR CIVIL LIABILITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended

to add a new section to read as follows:

Unlawful use of an unmanned vehicle or aircraft to capture

As used in this section, "image" means:

Thermal, infrared, ultraviolet, or visible light or other

Other conditions existing on or about real property or the

appearance of an individual located on the real property.

A person commits the offense of unlawful use of an unmanned

vehicle or aircraft to capture an image if the person knowingly uses or

authorizes the use of an unmanned vehicle or aircraft to capture an image.

09-04-2014 09:11:52 BPG004

image is a Class C misdemeanor.

Unlawful use of an unmanned vehicle or aircraft to capture an

It is a defense to prosecution under this section that the image

occupies the real property;

Pursuant to a valid search warrant or arrest warrant;

By a law enforcement officer or law enforcement agency in

immediate pursuit of a person the law enforcement officer or law enforcement

For the purpose of fire suppression or rescuing a person

whose life is in imminent danger;

With the express consent of the person who owns or lawfully

Without magnification or other enhancement and from no more

than six feet (6') above ground level in a public place; or

On real property that was public.

to add a new section to read as follows:

Unlawful possession or distribution of an image captured

unlawfully by an unmanned vehicle or aircraft.

Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended

As used in this section, "distribute" means to disclose, display,

or otherwise reveal to a person.

A person commits the offense of unlawful possession or

distribution of an image captured unlawfully by an unmanned vehicle or

aircraft if the person knowingly possesses or distributes an image that was

captured by an unmanned vehicle or aircraft in violation of 5-60-103.

this section is a separate offense.

Class C misdemeanor if the person only possessed an image;

Class B misdemeanor if the person distributed an image.

Unlawful possession or distribution of an image captured

unlawfully by an unmanned vehicle or aircraft is a:

Each image a person possesses or distributes in violation of

It is a defense to prosecution under this section that a person

that the image was captured in violation of 5-60-103.

09-04-2014 09:11:52 BPG004

Arkansas Code Title 16, Chapter 118, is amended to add a

new section to read as follows: