{"data":{"id":"us-tx/tex.-penal-code-38.115","jurisdiction":"us-tx","citation":"Tex. Penal Code § 38.115","heading":"OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY.","body":"(a) In this section:\n(1) \"Contraband\" means any item not provided by or authorized by the operator of a correctional facility or detention facility.\n(2) \"Correctional facility\" means:\n(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;\n(B) a municipal or county jail;\n(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or\n(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.\n(3) \"Detention facility\" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.\n(b) A person commits an offense if the person intentionally or knowingly:\n(1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;\n(2) allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or\n(3) allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.\n(c) This section does not apply to conduct described by Subsection (b) that is committed by:\n(1) the federal government, this state, or a governmental entity;\n(2) a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;\n(3) a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;\n(4) a law enforcement agency; or\n(5) a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.\n(d) An offense under this section is a Class B misdemeanor, except that the offense is:\n(1) a Class A misdemeanor if the actor has previously been convicted under this section; or\n(2) a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:\n(A) provide contraband to a person in the custody of the correctional facility or detention facility; or\n(B) otherwise introduce contraband into the correctional facility or detention facility.\nAdded by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 1, eff. September 1, 2023.","path":["PENAL CODE","TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION","CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION"],"source_url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm#38.115","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:34Z","sha256":"03d30fd6b76792cb8fe10c34b867bd7c6040cf52e50bd8498bc8831d842a06c2","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-penal-code-38.114","next":"us-tx/tex.-penal-code-38.12"},"notice":"GroundRules: Original legal text. Not legal advice."}