Missouri Laws 217.850 – Correctional center, unlawful use of unmanned aircraft over, offense of — ..
1. A person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:
(1) Operates an unmanned aircraft within a vertical distance of four hundred feet over a correctional center’s secure perimeter fence; or
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 5 and 15 years | |
| Class C felony | between 3 and 10 years | up to $10,000 |
| Class D felony | up to 7 years | up to $10,000 |
Terms Used In Missouri Laws 217.850
- Chief administrative officer: the institutional head of any correctional facility or his or her designee. See Missouri Laws 217.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Correctional center: any premises or institution where incarceration, evaluation, care, treatment, or rehabilitation is provided to persons who are under the department's authority. See Missouri Laws 217.010
- Department: the department of corrections of the state of Missouri. See Missouri Laws 217.010
- Offender: a person under supervision or an inmate in the custody of the department. See Missouri Laws 217.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
(2) Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.
2. For purposes of this section, “correctional center” shall include:
(1) Any correctional center as defined in section 217.010;
(2) Any private jail as defined in section 221.095; and
(3) Any county or municipal jail.
3. The provisions of this section shall not prohibit the operation of an unmanned aircraft by:
(1) An employee of the correctional center at the direction of the chief administrative officer of the facility;
(2) A person who has written consent from the chief administrative officer of the facility;
(3) An employee of a law enforcement agency, fire department, or emergency medical service in the exercise of official duties;
(4) A government official or employee in the exercise of official duties;
(5) A public utility or a rural electric cooperative if:
(a) The unmanned aircraft is used for the purpose of inspecting, repairing, or maintaining utility transmission or distribution lines or other utility equipment or infrastructure;
(b) The utility notifies the correctional center before flying the unmanned aircraft, except during an emergency; and
(c) The person operating the unmanned aircraft does not physically enter the prohibited space without an escort provided by the correctional center;
(6) An employee of a railroad in the exercise of official duties on any land owned or operated by a railroad corporation regulated by the Federal Railroad Administration; or
(7) A person operating an unmanned aircraft pursuant to and in compliance with any waiver issued by the Federal Aviation Authority under 14 C.F.R. § 107.200.
4. The offense of unlawful use of unmanned aircraft over a correctional center shall be punishable as an infraction unless the person uses an unmanned aircraft for the purpose of:
(1) Delivering a gun, knife, weapon, or other article that may be used in such manner to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;
(2) Facilitating an escape from confinement under section 575.210, in which case the offense is a class C felony; or
(3) Delivering a controlled substance, as that term is defined under section 195.010, in which case the offense is a class D felony.
5. Each correctional center shall post a sign warning of the provisions of this section. The sign shall be at least eleven inches by fourteen inches and posted in a conspicuous place.