Virginia criminal charge
Trespass with an unmanned aircraft system in Virginia
Trespass with an unmanned aircraft system is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-121.3. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-121.3.
What is the penalty for trespass with an unmanned aircraft system in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Trespass with unmanned aircraft system near dwelling, over restricted airspace, or near correctional facility — A person knowingly and intentionally causes an unmanned aircraft system to come within 50 feet of a dwelling house to harass or after notice to desist, to take off or land in violation of FAA security restrictions, or to drop items on or photograph identifiable inmates/residents at a correctional facility.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Trespass with unmanned aircraft system near dwelling, over restricted airspace, or near correctional facility — A person knowingly and intentionally causes an unmanned aircraft system to come within 50 feet of a dwelling house to harass or after notice to desist, to take off or land in violation of FAA security restrictions, or to drop items on or photograph identifiable inmates/residents at a correctional facility.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 2 years to 10 years (Trespass with unmanned aircraft system over critical infrastructure or utilities — A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the airspace over public utilities, critical infrastructure (including military bases), or maritime facilities covered by federal law.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Trespass with unmanned aircraft system over critical infrastructure or utilities — A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the airspace over public utilities, critical infrastructure (including military bases), or maritime facilities covered by federal law.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Trespass with unmanned aircraft system to obtain controlled technical information at a defense facility — A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the property of a contracted defense facility and obtains or attempts to obtain images revealing controlled technical information.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Trespass with unmanned aircraft system to obtain controlled technical information at a defense facility — A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the property of a contracted defense facility and obtains or attempts to obtain images revealing controlled technical information.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is trespass with an unmanned aircraft system classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trespass with unmanned aircraft system near dwelling, over restricted airspace, or near correctional facility | Class 1 Misdemeanor | A person knowingly and intentionally causes an unmanned aircraft system to come within 50 feet of a dwelling house to harass or after notice to desist, to take off or land in violation of FAA security restrictions, or to drop items on or photograph identifiable inmates/residents at a correctional facility. | Va. Code Ann. § 18.2-121.3A |
| Trespass with unmanned aircraft system over critical infrastructure or utilities | Class 4 Felony | A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the airspace over public utilities, critical infrastructure (including military bases), or maritime facilities covered by federal law. | Va. Code Ann. § 18.2-121.3B |
| Trespass with unmanned aircraft system to obtain controlled technical information at a defense facility | Class 4 Felony | A person knowingly, intentionally, and without authorization causes an unmanned aircraft system to enter the property of a contracted defense facility and obtains or attempts to obtain images revealing controlled technical information. | Va. Code Ann. § 18.2-121.3D |
Common questions about trespass with an unmanned aircraft system in Virginia
Is trespass with an unmanned aircraft system a felony or a misdemeanor in Virginia?
It depends on the circumstances: trespass with an unmanned aircraft system ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-121.3.
Trespass with unmanned aircraft system near dwelling, over restricted airspace, or near correctional facility: class 1 misdemeanor (Va. Code Ann. § 18.2-121.3A) · Trespass with unmanned aircraft system over critical infrastructure or utilities: class 4 felony (Va. Code Ann. § 18.2-121.3B) · Trespass with unmanned aircraft system to obtain controlled technical information at a defense facility: class 4 felony (Va. Code Ann. § 18.2-121.3D)
What are the penalties for trespass with an unmanned aircraft system in Virginia?
Which Virginia statute covers trespass with an unmanned aircraft system?
Trespass with an unmanned aircraft system is governed by Va. Code Ann. § 18.2-121.3 (Trespass with an unmanned aircraft system; penalty).
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.