Montana Senate Bill 333 - Create offense of trespass by unmanned aerial vehicle.

There's also an aspect of what a PITA this could be to uphold.

A game I play with folks in the field who I work with is:

(A) How high do you think the drone is right now?
(B) Tell me when you think the drone is directly overhead.

Both are pretty dang hard for even the seasoned pilot to get right. So, I could imagine someone seeing a drone at 180 ft and feeling certain it is over their property and it not being so, and there would be no way to retroactively prove it. Also, the 200ft floor here doesn't gain one much privacy at all. Someone could gander upon your empire obliquely pretty easily and in fact more effectively. The sensors get more wacky every day and the difference between what someone can see at 40ft vs what they could see at 201 isn't really that meaningful. They'd still have resolutions of sub-inch in many cases.

I get the desire for privacy. Recently, more and more stories have popped up of drones being used successfully by SAR, LEOs, SA for Emergency Response - nearly all of which will happen to some degree over private property. I know that isn't really the crux of the bill, which as others have pointed out is likely unconstitutional.

Again, most regular folks absolutely would see this as a sensible bill. Drones can feel incredibly intrusive, and in many situations are.
 
I bet that happens a lot. I’m glad our legislators are spending thousands and thousands of dollars to pass this very important legislation and save us from the horror you described
I wouldn't be surprised if it happens a lot. And it's not fun as a landowner to show up to find out a bunch of tweakers ripped off your cabin generator, trail cams and other equipment.
 
I wouldn't be surprised if it happens a lot. And it's not fun as a landowner to show up to find out a bunch of tweakers ripped off your cabin generator, trail cams and other equipment.
So this wasn’t a problem before drones?
 
Isn't that the same logic that the anti-gun folks use on 30 round magazines & AR's?
Sure a type of argument can apply to a lot of different parts of life, but that doesn't mean we should be against everything that uses that same logic. I'm for reasonable legislation that categorizes as a trespass, a person intentionally flying their drone "onto" your land (low enough to be in your airspace). Makes it a lot easier for them to snoop around and make a better plan for stealing equipment, poaching, or picking up sheds.
 
So this wasn’t a problem before drones?
Not sure I said that. I inferred it makes it a lot easier for people to do things they're not supposed to. Makes things more efficient. If I were a methhead going around stealing stuff I'd definitely use one (after stealing it from the local best buy).
 
Not sure I said that. I inferred it makes it a lot easier for people to do things they're not supposed to. Makes things more efficient. If I were a methhead going around stealing stuff I'd definitely use one (after stealing it from the local best buy).
Wow. mtmuley
 
What about crop dusters/seeding planes? They fly over neighboring properties?
For the purpose of and in the normal course of cropdusting/conducting a legal activity. Trespass has a different definition.

Plus the bill is for unmanned aircraft.
 
For the record, keep in mind this is for unmanned aerial vehicles, and addresses trespassing, which I think may be described as:

a person commits the offense of criminal trespass to property if the person knowingly:

(a) enters or remains unlawfully in an occupied structure; or

(b) enters or remains unlawfully in or upon the premises of another.

(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

I'm not sure why that's a bad thing. People have the right to own real property, and should have the right to not have people on (or just above) it.
 
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For the record, keep in mind this is for unmanned aerial vehicles, and addresses trespassing, which I think may be described as:

a person commits the offense of criminal trespass to property if the person knowingly:

(a) enters or remains unlawfully in an occupied structure; or

(b) enters or remains unlawfully in or upon the premises of another.

(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

I'm not sure why that's a bad thing. People have the right to own real property, and should have the right to not have people on (or just above it).
So at what elevation agl above your property am I occupying it?
 
So at what elevation agl above your property am I occupying it?
If you're in range of my 12 ga 3" buckshot from an IM choke, you're occupying it (JK)

But keep in mind I think the FAA has rules about how high people can operate a drone (at least where there are flight paths). So the MT legislature will set a floor on drones, and the FAA has a ceiling.
 
I have a conflicting perspective on enacting such legislation. However, relaxing on our rather rural property and hearing/seeing a drone overhead obviously watching us, it was good that it departed before I went in and retrieved the twelve gauge shotgun from the safe!
 
However, relaxing on our rather rural property and hearing/seeing a drone overhead obviously watching us, it was good that it departed
Yep creepy when a drone appears overhead at a lower altitude than is comfortable, and you have no idea who it is or why they're hovering over you. I almost sprayed one with a garden hose one time (it was that low above my yard), but didn't and instead hoped it was some kid goofing around
 
Yep creepy when a drone appears overhead at a lower altitude than is comfortable, and you have no idea who it is or why they're hovering over you. I almost sprayed one with a garden hose one time (it was that low above my yard), but didn't and instead hoped it was some kid goofing around
I did give it the one-digit salute before I headed into the house ... the voyeur must have realized what may happen next, and so departed.
 
I did give it the one-digit salute before I headed into the house ... the voyeur must have realized what may happen next, and so departed.
I had one hovering over my backyard 5-6 years ago, I ran into the house and came out with a full auto airsoft rifle. It left before I could spray it down.

It's a stupid bill.
 
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