New York statute
N.Y. Penal Law § 280.00 — Definitions
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 280: Offenses Relating to Unlawful Use of a Drone, New York Penal Law.
Full text of N.Y. Penal Law § 280.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
* § 280.00 Definitions.
As used in this article, the following terms shall have the following
meanings:
1. "Drone" shall mean an unmanned aircraft and its associated
operating system, including the hardware and software that manages
flight control, navigation, and sensors for autonomous or remote flight
without the possibility of direct human intervention from within or on
the aircraft.
2. "Nefarious manner" shall mean engaging in conduct that:
(a) constitutes or facilitates the commission of a crime as defined by
subdivision six of section 10.00 of the penal law;
(b) recklessly creates a substantial risk of physical injury to
another person;
(c) recklessly creates a substantial risk of damage to property;
(d) knowingly or intentionally interferes with, obstructs, or impedes
an emergency response, law enforcement operation, search and rescue
operation, disaster response, medical evacuation, or other public
safety-related operation;
(e) is knowingly or intentionally used to harass, intimidate, stalk,
surveil, or physically menace another person in a manner that would
otherwise violate state or local law;
(f) is knowingly or intentionally used to deliver, attempt to deliver,
or facilitate the delivery of contraband to a correctional facility,
detention facility, secure treatment facility, or other secure
governmental facility;
(g) constitutes operating a drone knowing such drone is equipped,
modified, or operated to discharge, drop, spray, project, or release any
projectile, substance, or object in a manner that creates a substantial
risk of physical injury to a person, substantial risk of property
damage, or disruption of public safety operations; or
(h) is used for the unauthorized surveillance of a state or federal
military installation.
3. (a) "Recreational drone" shall mean a drone:
(i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs
0.55 pounds or less on takeoff, including everything that is on board or
otherwise attached to the drone;
(ii) operated solely for personal recreational purposes; and
(iii) is not operated in connection with any business commercial,
governmental, or surveillance activity.
(b) An unmanned aircraft does not qualify as a recreational drone at
any time during which it is carrying a payload other than equipment
integral to its flight or its onboard sensor system.
4. (a) "Toy drone" shall mean a drone:
(i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs
0.55 pounds or less on takeoff;
(ii) operated within the visual line of sight of the operator without
the use of any other devices or other additional equipment;
(iii) is not equipped with any camera, video transmission system, or
other sensor capable of recording or transmitting, imagery, audio, or
geospatial data;
(iv) is operated solely for personal recreational purposes; and
(v) is not operated in connection with any business commercial,
governmental, or surveillance activity.
(b) An unmanned aircraft does not qualify as a toy drone at any time
during which it is carrying a payload other than equipment integral to
its flight or its onboard sensor system.
5. "Prohibited space" shall mean any area within five hundred feet
horizontally of the outer perimeter or boundary of the following
locations, and the airspace (a) up to four hundred feet vertically above
the surface of the ground within those boundaries, and (b) when not
authorized by the federal aviation administration, at any distance
vertically above those boundaries, of: an airport; state or federal
military installation; state, local, or federal correctional facility;
police station; fire department station; emergency services dispatch
station; large public gathering, which shall mean an event where there
are five hundred or more persons, and shall include but not be limited
to festivals, concerts, or sporting events; any critical infrastructure,
as defined in subdivision five of section eighty-six of the public
officers law; and any school as defined in subdivision ten of section
eleven hundred twenty-five of the education law.
* NB Effective August 25, 2026
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