{"jurisdiction": "us-ny", "code": "penal", "section": "280.00", "citation": "Penal Law § 280.00", "heading": "Definitions", "text": ["* § 280.00 Definitions.", "As used in this article, the following terms shall have the following meanings:", "1. \"Drone\" shall mean an unmanned aircraft and its associated operating system, including the hardware and software that manages flight control, navigation, and sensors for autonomous or remote flight without the possibility of direct human intervention from within or on the aircraft.", "2. \"Nefarious manner\" shall mean engaging in conduct that:", "(a) constitutes or facilitates the commission of a crime as defined by subdivision six of section 10.00 of the penal law;", "(b) recklessly creates a substantial risk of physical injury to another person;", "(c) recklessly creates a substantial risk of damage to property;", "(d) knowingly or intentionally interferes with, obstructs, or impedes an emergency response, law enforcement operation, search and rescue operation, disaster response, medical evacuation, or other public safety-related operation;", "(e) is knowingly or intentionally used to harass, intimidate, stalk, surveil, or physically menace another person in a manner that would otherwise violate state or local law;", "(f) is knowingly or intentionally used to deliver, attempt to deliver, or facilitate the delivery of contraband to a correctional facility, detention facility, secure treatment facility, or other secure governmental facility;", "(g) constitutes operating a drone knowing such drone is equipped, modified, or operated to discharge, drop, spray, project, or release any projectile, substance, or object in a manner that creates a substantial risk of physical injury to a person, substantial risk of property damage, or disruption of public safety operations; or", "(h) is used for the unauthorized surveillance of a state or federal military installation.", "3. (a) \"Recreational drone\" shall mean a drone:", "(i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the drone;", "(ii) operated solely for personal recreational purposes; and", "(iii) is not operated in connection with any business commercial, governmental, or surveillance activity.", "(b) An unmanned aircraft does not qualify as a recreational drone at any time during which it is carrying a payload other than equipment integral to its flight or its onboard sensor system.", "4. (a) \"Toy drone\" shall mean a drone:", "(i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs 0.55 pounds or less on takeoff;", "(ii) operated within the visual line of sight of the operator without the use of any other devices or other additional equipment;", "(iii) is not equipped with any camera, video transmission system, or other sensor capable of recording or transmitting, imagery, audio, or geospatial data;", "(iv) is operated solely for personal recreational purposes; and", "(v) is not operated in connection with any business commercial, governmental, or surveillance activity.", "(b) An unmanned aircraft does not qualify as a toy drone at any time during which it is carrying a payload other than equipment integral to its flight or its onboard sensor system.", "5. \"Prohibited space\" shall mean any area within five hundred feet horizontally of the outer perimeter or boundary of the following locations, and the airspace (a) up to four hundred feet vertically above the surface of the ground within those boundaries, and (b) when not authorized by the federal aviation administration, at any distance vertically above those boundaries, of: an airport; state or federal military installation; state, local, or federal correctional facility; police station; fire department station; emergency services dispatch station; large public gathering, which shall mean an event where there are five hundred or more persons, and shall include but not be limited to festivals, concerts, or sporting events; any critical infrastructure, as defined in subdivision five of section eighty-six of the public officers law; and any school as defined in subdivision ten of section eleven hundred twenty-five of the education law.", "* NB Effective August 25, 2026"], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/280.00", "from_official_api": true, "plain_english": "These definitions control the drone article.\n- **(1)** A **drone** is an unmanned aircraft plus its operating system (flight-control, navigation and sensor hardware and software) for autonomous or remote flight, with no possibility of direct human intervention from within or on the aircraft.\n- **(2)** **Nefarious manner** means conduct that: **(a)** constitutes or facilitates a crime; **(b)** recklessly creates a substantial risk of physical injury to another; **(c)** recklessly creates a substantial risk of property damage; **(d)** knowingly or intentionally obstructs an emergency, law-enforcement, search and rescue, disaster, medical evacuation or other public-safety operation; **(e)** knowingly or intentionally harasses, intimidates, stalks, surveils or menaces another in a way that would otherwise violate state or local law; **(f)** knowingly or intentionally delivers or tries to deliver **contraband** to a correctional, detention, secure treatment or other secure government facility; **(g)** operates a drone knowing it is equipped or operated to drop, spray or release objects or substances in a way that creates a substantial risk of injury, property damage or disruption of public safety; or **(h)** is unauthorized surveillance of a state or federal **military installation**. ★\n- **(3)** A **recreational drone** is operated exclusively under **49 U.S.C. 44809**, weighs **0.55 pounds or less at takeoff** including everything on board, is flown solely for personal recreation, and is not used for business, commercial, governmental or surveillance activity. It loses that status while carrying any payload other than equipment integral to its flight or sensors.\n- **(4)** A **toy drone** meets the same 44809, **0.55-pound** and purely recreational limits, is flown within the operator's **visual line of sight** without other devices, and has **no camera or sensor** able to record or transmit imagery, audio or location data; the same payload rule applies.\n- **(5)** **Prohibited space** is the area within **500 feet horizontally** of the boundary of the listed sites, and the airspace **up to 400 feet** above them, or **at any height** when not authorized by the **Federal Aviation Administration**. ★ The sites are airports; state or federal military installations; state, local or federal correctional facilities; police stations; fire stations; emergency dispatch stations; large public gatherings of **500 or more people** (festivals, concerts, sporting events); critical infrastructure; and schools.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/280.00", "publisher": "Elyphived LLC"}