Iowa Code § 715D.5

Current through bills signed by governor as of 5/17/2024
Section 715D.5 - [Effective 7/1/2024] [Multiple versions] Injunctive relief - harassment due to use of remotely piloted aircraft
1. A person who is the owner or lessee of a homestead or secure farmstead area may petition the district court to obtain an order for a temporary injunction to prevent the respondent from using any remotely piloted aircraft equipped with a surveillance device, if a preponderance of evidence indicates that the respondent is harassing the petitioner by controlling the flight of the remotely piloted aircraft over the person's homestead or secure farmstead area. The court shall grant the temporary injunction for not more than two years. The court may continue the injunction upon a petition filed by the petitioner with the court prior to the order's expiration.
2. If a court grants an order for a temporary injunction under subsection 1, the court may award the petitioner court costs, reasonable attorney fees, and expenses related to the petitioner's investigation and adjudication of the case, which shall be taxed as part of the costs of the action.
3.
a. Except as provided in paragraph "b", a court shall order that any person holding a retrievable image, sound, or data recorded in violation of this section destroy the image, sound, or data, including any copy of such image, sound, or data.
b.
(1) A person may claim an ownership interest in a retrievable image, sound, or data recorded in violation of this section, to the extent that any of the following apply:
(a) The person is an individual who may be identified in the recording. A parent or guardian of the individual may claim the ownership interest on behalf of the individual.
(b) The person is an owner of an agricultural animal that may be identified in the recording.
(c) The person is an owner of the land or an improvement to land having unique physical characteristics that may be identified in the recording.
(2) A person cannot claim an ownership interest in a retrievable image, sound, or data that includes an image, sound, or data that may identify another individual, an agricultural animal owned by another person, or land or an improvement owned by another person, unless that other individual or person consents.

Iowa Code § 715D.5

Added by 2024 Iowa HF 572,s 5, eff. 7/1/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.