By: Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

Drones, or more accurately named Unmanned Aerial Vehicles (UAVs), have helped provide new methods of pesticide applications and agronomic data collection to assist farmers with productivity and efficiency. Yet the possibility of unknown drones flying over a farm property can cause concerns.  Recent conversations and sightings of drones in rural areas have producers raising questions such as “what can I do about suspicious drone activity” and “can I shoot down a drone over my property?”  Federal and state laws provide answers to these questions. Here are several points farmers need to know about dealing with UAVs traveling over their properties.

1.  Shooting a drone is a crime under federal and state laws.  Federal law prohibits a person from intentionally harming UAVs and other aircraft.  It is a federal felony to willfully “damage, destroy, disable, or wreck any aircraft,” and the federal government has prosecuted persons for doing so.  The potential punishment can be severe: a fine of up to $250,000 and twenty years of imprisonment.  Ohio law also establishes a crime for “endangering aircraft.”  A person who knowingly discharges a firearm, air gun, or spring-operated gun at or toward any aircraft can be subject to misdemeanor or felony charges, fines, and imprisonment, depending upon the risk of harm resulting from the endangerment.

2. Shooting a drone can create safety risks and potential civil liability.  The Federal Aviation Authority (FAA) and other aviation professionals warn against the unintended consequences of injuring an airborne drone.  Once disabled, a UAV is no longer under the control of an operator and will eventually crash.  Some compare an injured drone to a “missile” that can harm people, animals, and property upon impact. A recent case in Florida illustrates this danger, with a child suffering serious harm when a drone crashed and struck him.  A person who intentionally harms a drone not only creates this safety risk, but also opens up the possibility of being liable for injuries caused by the drone or its debris. Additionally, the owner of the drone may seek compensation for the loss of the aircraft. Continue reading Property owners and suspicious drone activity: what laws apply? →