Covers Still, Infrared, And Ultraviolet Images, Sound, And 'Odor'

A bill making its way through the Arkansas legislature would make it illegal to capture, possess, or distribute virtually any image associated with a UAV.

The bill states that the "Unlawful use of an unmanned vehicle or aircraft to capture an image" would include:
Sound waves; Thermal, infrared, ultraviolet, or visible light or other Electromagnetic waves; Odor; or Other conditions existing on or about real property or the appearance of an individual located on the real property.

It would not be illegal to capture an image if the operator of the UAV has the "express consent of the person who owns or lawfully occupies the real property", or if the image was captured "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 agency has probable cause to suspect has committed a felony; For the purpose of fire suppression or rescuing a person 12 whose life is in imminent danger; 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."

The law states that 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. It would be a Class C misdemeanor.

Additionally, the bill would make it illegal to "possess or distribute" any image captured by a UAV. Possession would constitute a Class C misdemeanor, but distribution would be considered a Class B misdemeanor offence. However, a person could avoid prosecution if he or she destroyed the image as soon as it was learned that it was captured illegally.

The penalty for capturing, possessing, or distributing such an image would be $1,000 for each image plus court costs and attorney's fees. Video images are not specifically mentioned in the law.

(Image from file)

FMI: Full Bill Text