I. As used in this section:
- (a) "Aircraft" shall mean "aircraft" as it is defined in RSA 422:3, VI.
- (b) "Operation" or "operate" shall mean "operation of aircraft" or "operate aircraft" as those terms are defined in RSA 422:3, XXII.
- (c) "Small unmanned aircraft" shall mean "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a.
- (d) "Small unmanned aircraft system" shall mean "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b.
- II. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small unmanned aircraft system in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 C.F.R. part 107.
III. A person is guilty of a misdemeanor if such a person operates a small unmanned aircraft system that interferes with law enforcement, firefighting, or other emergency response operations, or violates any provisions of RSA 644:9. News media personnel are exempt from this provision as long as they:
- (a) Comply with FAA Small Unmanned Aircraft Systems Rule, 14 C.F.R. part 107;
- (b) Possess a valid FAA-issued certificate of waiver or authorization (COA) for the operation of a drone for news gathering purposes;
- (c) Do not operate the drone in any way that jeopardizes the safety of law enforcement, other emergency response personnel in the performance of their duties, or others on the ground; and
- (d) Follow directives from the agency in charge of the scene, including requests to alter or cease operations.
IV. A person is guilty of:
- (a) A class A misdemeanor if such person negligently operates a small unmanned aircraft system in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.
- (b) A class B felony if such operation results in damage to a human-occupied aircraft in flight.
- (c) A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.
- V. A person is guilty of a misdemeanor if such a person operates a small unmanned aircraft system in FAA-restricted airspace over the property of a federal, state, or county correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.
- VI. A person is guilty of a class B felony if such person is knowingly in possession of or operates a small unmanned aircraft system equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile. Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small unmanned aircraft system for the disposal of explosives, bombs, and hazardous devices. Law enforcement's use of a small unmanned aircraft system to deploy distraction or disorientation devices is exempt from this provision.
- VII. This provision shall not apply to any law enforcement officer acting pursuant to his or her lawful authority.
Source. 2025, 278:1, eff. Jan. 1, 2026.