(a) Subject to the exceptions set forth in § 39-13-902(a), a person commits an offense if the person:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
class E felony1 to 6 yearsup to $3,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-13-903

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Image: means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property. See Tennessee Code 39-13-901
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Unmanned aircraft: means an airborne device that is operated without an individual in or on the device. See Tennessee Code 39-13-901
  • Venue: The geographical location in which a case is tried.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image;
(2) Knowingly uses an image in a manner prohibited by § 39-13-902(b);
(3) Without the venue owner or operator’s consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at, or drop any item or substance into, an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event;
(4)

(A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202, without the consent of the owner or operator of the event; and
(B) For purposes of this subdivision (a)(4):

(i) “Discharge site” means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;
(ii) “Display site” means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and
(iii) “Fallout area” means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;
(5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or
(6)

(A) Without the business operator’s written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250′) of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data;
(B) As used in this subdivision (a)(6), “critical infrastructure facility” means:

(i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation;
(ii) A petroleum refinery;
(iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102, either in storage or in the process of manufacturing;
(iv) A chemical or rubber manufacturing facility;
(v) A petroleum or chemical storage facility;
(vi) A water or wastewater treatment facility;
(vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane;
(viii) Railroad yards and facilities not open to the general public; and
(ix) A communication service facility;
(C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(b)

(1) An offense under subdivisions (a)(1)-(5) is a Class C misdemeanor.
(2) An offense under subdivision (a)(6) is a Class E felony.
(c) It is a defense to prosecution under this section that the person destroyed the image:

(1) As soon as the person had knowledge that the image was captured in violation of this section; and
(2) Without disclosing, displaying, or distributing the image to a third party.
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