2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 217 - Department of Corrections › Section 217.850 - Correctional center, unlawful use of unmanned aircraft over, offense of — permissible acts — violation, penalty — signage to be posted.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 217
Effective - 28 Aug 2020
217.850. Correctional center, unlawful use of unmanned aircraft over, offense of — permissible acts — violation, penalty — signage to be posted. —
1. A person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:
(1) Operates an unmanned aircraft within a vertical distance of four hundred feet over a correctional center's secure perimeter fence; or
(2) Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.
2. For purposes of this section,
"correctional center"
shall include:
(1) Any correctional center as defined in section 217.010;
(2) Any private jail as defined in section 221.095; and
(3) Any county or municipal jail.
3. The provisions of this section shall not prohibit the operation of an unmanned aircraft by:
(1) An employee of the correctional center at the direction of the chief administrative officer of the facility;
(2) A person who has written consent from the chief administrative officer of the facility;
(3) An employee of a law enforcement agency, fire department, or emergency medical service in the exercise of official duties;
(4) A government official or employee in the exercise of official duties;
(5) A public utility or a rural electric cooperative if:
(a) The unmanned aircraft is used for the purpose of inspecting, repairing, or maintaining utility transmission or distribution lines or other utility equipment or infrastructure;
(b) The utility notifies the correctional center before flying the unmanned aircraft, except during an emergency; and
(c) The person operating the unmanned aircraft does not physically enter the prohibited space without an escort provided by the correctional center;
(6) An employee of a railroad in the exercise of official duties on any land owned or operated by a railroad corporation regulated by the Federal Railroad Administration; or
(7) A person operating an unmanned aircraft pursuant to and in compliance with any waiver issued by the Federal Aviation Authority under 14 C.F.R. Section 107.200.
4. The offense of unlawful use of unmanned aircraft over a correctional center shall be punishable as an infraction unless the person uses an unmanned aircraft for the purpose of:
(1) Delivering a gun, knife, weapon, or other article that may be used in such manner to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;
(2) Facilitating an escape from confinement under section 575.210, in which case the offense is a class C felony; or
(3) Delivering a controlled substance, as that term is defined under section 195.010, in which case the offense is a class D felony.
5. Each correctional center shall post a sign warning of the provisions of this section. The sign shall be at least eleven inches by fourteen inches and posted in a conspicuous place.
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(L. 2020 H.B. 1963)