N.Y. PEN Law § 280.00 — New York Code / Act PEN / Part 3 / Title P / Article 280 / Section 280.00
Definitions
Status: in_force

* § 280.00 Definitions.\n  As used in this article, the following terms shall have the following\nmeanings:\n  1. "Drone" shall mean an unmanned aircraft and its associated\noperating system, including the hardware and software that manages\nflight control, navigation, and sensors for autonomous or remote flight\nwithout the possibility of direct human intervention from within or on\nthe aircraft.\n  2. "Nefarious manner" shall mean engaging in conduct that:\n  (a) constitutes or facilitates the commission of a crime as defined by\nsubdivision six of section 10.00 of the penal law;\n  (b) recklessly creates a substantial risk of physical injury to\nanother person;\n  (c) recklessly creates a substantial risk of damage to property;\n  (d) knowingly or intentionally interferes with, obstructs, or impedes\nan emergency response, law enforcement operation, search and rescue\noperation, disaster response, medical evacuation, or other public\nsafety-related operation;\n  (e) is knowingly or intentionally used to harass, intimidate, stalk,\nsurveil, or physically menace another person in a manner that would\notherwise violate state or local law;\n  (f) is knowingly or intentionally used to deliver, attempt to deliver,\nor facilitate the delivery of contraband to a correctional facility,\ndetention facility, secure treatment facility, or other secure\ngovernmental facility;\n  (g) constitutes operating a drone knowing such drone is equipped,\nmodified, or operated to discharge, drop, spray, project, or release any\nprojectile, substance, or object in a manner that creates a substantial\nrisk of physical injury to a person, substantial risk of property\ndamage, or disruption of public safety operations; or\n  (h) is used for the unauthorized surveillance of a state or federal\nmilitary installation.\n  3. (a) "Recreational drone" shall mean a drone:\n  (i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs\n0.55 pounds or less on takeoff, including everything that is on board or\notherwise attached to the drone;\n  (ii) operated solely for personal recreational purposes; and\n  (iii) is not operated in connection with any business commercial,\ngovernmental, or surveillance activity.\n  (b) An unmanned aircraft does not qualify as a recreational drone at\nany time during which it is carrying a payload other than equipment\nintegral to its flight or its onboard sensor system.\n  4. (a) "Toy drone" shall mean a drone:\n  (i) operated exclusively in compliance with 49 U.S.C. 44809 and weighs\n0.55 pounds or less on takeoff;\n  (ii) operated within the visual line of sight of the operator without\nthe use of any other devices or other additional equipment;\n  (iii) is not equipped with any camera, video transmission system, or\nother sensor capable of recording or transmitting, imagery, audio, or\ngeospatial data;\n  (iv) is operated solely for personal recreational purposes; and\n  (v) is not operated in connection with any business commercial,\ngovernmental, or surveillance activity.\n  (b) An unmanned aircraft does not qualify as a toy drone at any time\nduring which it is carrying a payload other than equipment integral to\nits flight or its onboard sensor system.\n  5. "Prohibited space" shall mean any area within five hundred feet\nhorizontally of the outer perimeter or boundary of the following\nlocations, and the airspace (a) up to four hundred feet vertically above\nthe surface of the ground within those boundaries, and (b) when not\nauthorized by the federal aviation administration, at any distance\nvertically above those boundaries, of: an airport; state or federal\nmilitary installation; state, local, or federal correctional facility;\npolice station; fire department station; emergency services dispatch\nstation; large public gathering, which shall mean an event where there\nare five hundred or more persons, and shall include but not be limited\nto festivals, concerts, or sporting events; any critical infrastructure,\nas defined in subdivision five of section eighty-six of the public\nofficers law; and any school as defined in subdivision ten of section\neleven hundred twenty-five of the education law.\n  * NB Effective August 25, 2026\n