Drones are fast becoming a normal part of everyday life. Companies are utilizing them for deliveries, and enthusiasts are flying them for fun, and news reports from the East Coast include stories about mysterious drones flying over residential areas. But what are your rights if one is flying over your property or harassing you?
While many might agree with the sentiment, you cannot fire a gun at a drone in Utah or anywhere else, for that matter. Drones are considered aircraft under the jurisdiction of the Federal Aviation Authority, so it is a federal crime to shoot at one. As such, individuals who shoot at a drone can be prosecuted by the federal government and the state. In Utah, you are likely to be charged with criminal mischief and other offenses for firing at a drone since the potential to cause harm to others is high. It is important to start your defense as soon as possible since the charges vary, and our team can fight them if your act does not fit the definition of the crime.
Contact Overson Law’s Salt Lake City criminal defense lawyers today at (801) 758-2287 for a free review of your case.
Can I Legally Fire a Gun at a Drone in Utah?
Unmanned aerial vehicles (UAV) and unmanned aircraft systems (UAS), commonly known as “drones,” can be seen flying over many parts of Utah these days. Some are operated by commercial businesses, but many private citizens can now operate their own drones since the technology is relatively affordable and easy to pilot. As the skies get more crowded, many property owners in Utah and throughout the country ask whether it is legal to shoot one down.
Federal Laws
While landowners have a right to protect their property, and everyone has a right to self-defense, it is illegal to willfully shoot at or bring down any aircraft. Shooting an aircraft is a federal offense under 18 U.S.C. § 32(a), so it is illegal in Utah and the rest of the United States, and state laws cannot override this. It does not matter whether it is a commercial or private, manned or unmanned aircraft.
Utah Laws
Utah state law compliments federal law by criminalizing the same kind of conduct. According to Utah Code § 76-10-508(1), it is against the law to discharge a firearm at another’s property if the person is within 600 feet of a house or other building. Individuals can also not fire from or across highways or shoot at public communications equipment the state might have in service, like drones.
Our Utah criminal defense attorneys can determine whether you had a right to self-defense if you have been charged for shooting at a drone. After all, flying a drone over your property without your permission would almost certainly fall under the definition of criminal trespass, as per § 76-6-206. However, self-defense is about proportionality and what is reasonable under the circumstances. Discharging a gun is using deadly force, so you generally need to be facing a deadly threat to argue self-defense. For instance, if the drone had a weapon mounted on it pointed at you or your family or was flying into you or your property, it might be considered threatening enough to justify firing your weapon in self-defense.
What Are the Potential Penalties for Shooting at a Drone in Utah?
Many people are familiar with the concept of “double jeopardy,” whereby the state can only prosecute a person once for a particular crime. However, this rule does not apply to the state and federal governments prosecuting the same crime. The state of Utah can prosecute you for shooting at a drone, and once that case is resolved, the federal government can also bring charges for the same offense.
Penalties Under Federal Law
Federal penalties for shooting at an aircraft can be quite steep. If prosecuted and convicted, individuals can face up to twenty years in prison and fined or both. While a defendant might not face the full brunt of these penalties for shooting at a drone, it can still result in some time behind bars. After being convicted in federal court, Utah can prosecute you for the crime.
Penalties Under Utah Law
If you are charged for discharging a firearm in the direction of a specified item under § 76-10-508, you can be convicted of a class B misdemeanor. According to § 76-3-204(2), someone convicted of a class B misdemeanor can be imprisoned for up to six months. A conviction under this statute also includes an automatic suspension of the defendant’s driver’s license, as per § 76-10-508(3).
Firing a gun at a drone will also most likely result in charges for destruction or damage to property. Under § 76-6-106.1(2)(b), it is illegal to intentionally damage, deface, or destroy another person’s property. The degree of the charges will depend on the value of the drone.
Under § 76-6-106.1(3)(b)(i), the defendant will be charged with a second degree felony if the drone was over $5,000, regardless of whether they actually damaged it or intended to shoot it but missed. Defendants convicted of a second degree felony can be imprisoned for one to 15 years, according to § 76-3-203(2).
The crime will be charged as a third degree felony if the drone’s value is between $1,500 and $5,000, as per § 76-6-106.1(3)(b)(ii). Third degree felonies are punishable by up to five years imprisonment under § 76-3-203(3).
It is a class A misdemeanor to cause or intend to cause the destruction of a drone worth between $500 and $1,500 under § 76-6-106.1(3)(b)(iii) and a class B misdemeanor for damaging property less than $500, according to § 76-6-106.1(3)(b)(iv). A person convicted of a class B misdemeanor can face up to six months in jail, while those convicted of a class A misdemeanor can be imprisoned for up to a year, as per § 76-3-204.
The prosecution might also charge criminal mischief, another property destruction crime, but it is unlikely. Drones are unmanned, and human life or safety must be endangered to charge someone with criminal mischief under § 76-6-106(2)(a). However, if the prosecution charges you under § 76-6-106(2)(b) arguing that you fired at an “airplane,” our lawyers can fight extending the application of that term to include drones.
Contact Our Utah Criminal Defense Attorneys Today for Help Defending Your Case
Call the Park City, UT criminal defense lawyers of Overson Law at (801) 758-2287 for a free case review today.
