Additional Law to Further Criminalize Criminal Acts Involving Drones

Those in the know have undoubtedly seen the covert arms race in lightweight, consumer grade drones that has been galloping along over the preceding decade, from drug smuggling small sachets of product behind prison walls to improvised air-dropped mortars in conflict zones around the world.

Those images have brought the problem into focus for policy makers, who answered the call of prison wardens around the US with the Drone Act of 2022. The bipartisan bill criminalizes dangerous drone activity, focusing on smuggling, spying, and ordnance delivery using unmanned aerial systems. 

The bill primarily addresses a number of drone-specific criminal offenses with a $250,000 fine or prison sentence. The most high profile among them include attachment of firearms, explosives, or weapons to a drone (already a crime under section 363 of the 2018 FAA Reauthorization act), using a drone to cause bodily injury/death or damage to property (also already illegal), interfering with law enforcement activities ( this too, is generally unlawful with some states/locales specifically barring drone gawkers in the vicinity of emergencies), transportation of contraband with a drone (smuggling too, likely illegal), and crossing the borders to Mexico and Canada while in flight (this too, of course, would require a flight plan under 14 CFR 99.11). The vast majority of criminal actions actions are, of course, illegal already, not made legal through the addition of an unmanned aircraft. A drone is an aircraft all its own, as such it is subject to the same federal air regulations as the rest of the fleet, the creation of separate criminal liability in a separate section of code may not have the desired deterrent effect on drone crime. Only time will tell, however, and there is the possibility that the lasseiz-faire approach to enforcement taken to manned aircraft is only suited to a professional cadre of aviators. if nothing else, it gives the Senators something to do. 

Chuck Grassley, Senator from Iowa, announced his intent behind the his support for the bill: 

“As drone technology advances and drone usage becomes more widespread, it’s imperative that we modernize the law to deter criminal activity. Drones offer great potential for revolutionizing how we do business in this country, and a lot of work went into making sure this bill wouldn’t stifle all the positive aspects of drone innovation. A lot of work also went into making sure this bill gives law enforcement the tools it needs to go after terrorists and drug cartels that use drones to advance their criminal enterprises. Moving forward, I’ll continue working with my colleagues to ensure drone laws strike the right balance – allowing this technology to improve efficiency for businesses, law enforcement, military operations and recreation while curbing what should be illegal activity,” Grassley said.

Mark Kelly of Arizona noted similar intent. “From my years serving in the Navy, I know firsthand the power drone technology offers. In the wrong hands, it can pose security risks, which is why Senator Grassley and I are introducing the Drone Act to stop the illegal use of drones, like for drug trafficking, and to increase penalties for the most serious crimes,” said Kelly. “It’s critical that we give law enforcement the tools to accomplish its mission of keeping our communities safe and our borders secure against criminal organizations.”

FMI: www.senate.gov