{"jurisdiction": "us-ny", "code": "penal", "section": "280.10", "citation": "Penal Law § 280.10", "heading": "Applicability and restrictions", "text": ["* § 280.10 Applicability and restrictions.", "The provisions of this article shall not apply to the following persons or entities:", "1. A toy drone operated solely for recreation, unless such toy drone is operated in a manner that would recklessly create a substantial risk of physical injury to another person or substantial risk of damage to property.", "2. A recreational drone operated solely for hobby or recreational purposes and operates in compliance with all applicable federal laws, rules, regulations, authorizations, waivers, or exemptions and all other applicable state and local laws, rules, and regulations, unless such recreational drone is operated in a manner that recklessly creates a substantial risk of physical injury to another person or substantial risk of damage to property.", "3. A drone operated for commercial, educational, agricultural, journalistic, infrastructure, or other lawful purposes in compliance with all applicable federal laws, rules, regulations, authorizations, waivers, or exemptions and all other applicable state and local laws, rules and regulations, unless such drone is operated in a manner that recklessly creates a substantial risk of physical injury to another person or substantial risk of damage to property.", "4. A governmental employee, or a person acting on behalf of a state or local government entity, provided that such person or employee is acting in a manner consistent with such person's governmental duties.", "* NB Effective August 25, 2026"], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/280.10", "from_official_api": true, "plain_english": "This drone article generally does not apply to these lawful users:\n\n- **(1)** A **toy drone used only for recreation**, unless operated recklessly so it creates a substantial risk of physical injury or property damage.\n- **(2)** A **recreational drone used only for hobby or recreation in compliance with all applicable laws**, subject to the same reckless-risk exception.\n- **(3)** A **drone used lawfully for commercial, educational, agricultural, journalistic, infrastructure, or other lawful purposes in compliance with all applicable laws**, subject to the same reckless-risk exception.\n- **(4)** A **government employee or person acting for state or local government consistently with governmental duties**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/280.10", "publisher": "Elyphived LLC"}