17-A M.R.S. §761: Unauthorized use of drone on or over premises of correctional facility or jail

1. A person is guilty of unauthorized use of a drone on or over the premises of a correctional facility or jail if the person intentionally or knowingly flies a drone over the premises of a correctional facility or jail at or below a height of 400 feet above the ground, lands a drone on the premises or flies a drone from the premises.

A. Except as provided in paragraph B, a person who violates this subsection commits a civil violation for which a fine of not less than $500 may be adjudged.

B. A person who violates this subsection after having been previously adjudicated as violating this subsection or has been previously adjudicated of committing a violation for conduct substantially similar to that prohibited in this subsection in another jurisdiction commits a Class D crime. Section 9‑A governs the use of prior convictions when determining a sentence.

2. This section does not apply to:

A. A law enforcement officer, a corrections officer or a corrections supervisor engaged in the performance of the law enforcement officer's, corrections officer's or corrections supervisor's public duty; or

B. Another person acting in the course and scope of employment, as approved by the chief administrative officer of the correctional facility or the jail administrator.

3. It is not a defense to a prosecution under this section that the person holds a valid license to operate a drone issued by the United States Department of Transportation, Federal Aviation Administration or is otherwise permitted to operate a drone pursuant to regulations of the Federal Aviation Administration.

4. As used in this section, the following terms have the following meanings.

A. "Correctional facility" has the same meaning as in Title 34‑A, section 1001, subsection 6.

B. "Drone" means an aircraft or aircraft system operated without a physical human presence within or on the aircraft and includes, but is not limited to, an unmanned aircraft system, unmanned aerial vehicle, remotely piloted aircraft system or micro air vehicle.

C. "Jail" means a county or regional jail.

D. "Micro air vehicle" means a drone that weighs less than one kilogram.

E. "Premises" includes, but is not limited to, lands, ways and any buildings or structures on those lands or ways.

F. "Remote pilot station" means equipment such as controls, displays or a cockpit located separately from a drone and used by an operator to fly a drone.

G. "Remotely piloted aircraft system" means a system that includes a drone, a remote pilot station and equipment for communication between the remote pilot station and the drone.

H. "Unmanned aerial vehicle" means a powered aircraft that flies without a human pilot on board that is controlled either remotely from the ground or autonomously through a preprogrammed flight plan.

I. "Unmanned aircraft system" means a system that includes a drone, a remote control station and equipment for communication between the remote control station and the drone.