Arizona criminal charge
Unlawful operation of model or unmanned aircraft in Arizona
Unlawful operation of model or unmanned aircraft is a criminal offense under Arizona law, defined by A.R.S. § 13-3729. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-3729.
What is the penalty for unlawful operation of model or unmanned aircraft in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Unlawful operation of model or civil unmanned aircraft (federal law violation or interference with emergency operations) — Applies when a person violates subsection A by operating a model or civil unmanned aircraft in a manner prohibited by federal aeronautics law or that interferes with law enforcement, firefighter, or emergency services operations.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Unlawful operation of model or civil unmanned aircraft (federal law violation or interference with emergency operations) — Applies when a person violates subsection A by operating a model or civil unmanned aircraft in a manner prohibited by federal aeronautics law or that interferes with law enforcement, firefighter, or emergency services operations.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Unlawful photographing or loitering over critical facility (first offense) — Applies to a first violation of subsection B, involving intentional photographing of or loitering over or near a critical facility in furtherance of a criminal offense.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Unlawful photographing or loitering over critical facility (first offense) — Applies to a first violation of subsection B, involving intentional photographing of or loitering over or near a critical facility in furtherance of a criminal offense.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Unlawful photographing or loitering over critical facility (second or subsequent offense) — Applies when a person commits a second or subsequent violation of subsection B.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Unlawful photographing or loitering over critical facility (second or subsequent offense) — Applies when a person commits a second or subsequent violation of subsection B.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to current.
How is unlawful operation of model or unmanned aircraft classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful operation of model or civil unmanned aircraft (federal law violation or interference with emergency operations) | Class 1 Misdemeanor | Applies when a person violates subsection A by operating a model or civil unmanned aircraft in a manner prohibited by federal aeronautics law or that interferes with law enforcement, firefighter, or emergency services operations. | A.R.S. § 13-3729E |
| Unlawful photographing or loitering over critical facility (first offense) | Class 6 Felony | Applies to a first violation of subsection B, involving intentional photographing of or loitering over or near a critical facility in furtherance of a criminal offense. | A.R.S. § 13-3729E |
| Unlawful photographing or loitering over critical facility (second or subsequent offense) | Class 5 Felony | Applies when a person commits a second or subsequent violation of subsection B. | A.R.S. § 13-3729E |
Common questions about unlawful operation of model or unmanned aircraft in Arizona
Is unlawful operation of model or unmanned aircraft a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful operation of model or unmanned aircraft ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3729.
Unlawful operation of model or civil unmanned aircraft (federal law violation or interference with emergency operations): Class 1 Misdemeanor (A.R.S. § 13-3729E) · Unlawful photographing or loitering over critical facility (first offense): Class 6 Felony (A.R.S. § 13-3729E) · Unlawful photographing or loitering over critical facility (second or subsequent offense): Class 5 Felony (A.R.S. § 13-3729E)
What are the penalties for unlawful operation of model or unmanned aircraft in Arizona?
Which Arizona statute covers unlawful operation of model or unmanned aircraft?
Unlawful operation of model or unmanned aircraft is governed by A.R.S. § 13-3729 (Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.