Current with changes from the 2024 Legislative Session
Section 632.575 - Unlawful use of unmanned aircraft over a mental health hospital, offense of - permissible acts - signage - violation, penalty1. A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely: (1) Operates an unmanned aircraft within a vertical distance of four hundred feet over the mental health hospital's property line; or(2) Uses an unmanned aircraft to deliver to a person confined in a mental health hospital any object described in subdivision (1) or (3) of subsection 6 of this section.2. For the purposes of subsection 1 of this section, vertical distance extends from ground level.3. For purposes of this section, "mental health hospital" shall mean a facility operated by the department of mental health to provide inpatient evaluation, treatment, or care to persons suffering from a mental disorder, as defined under section 630.005; mental illness, as defined under section 630.005; or mental abnormality, as defined under section 632.480.4. The provisions of this section shall not prohibit the operation of an unmanned aircraft by: (1) An employee of the mental health hospital at the direction of the chief administrative officer of the mental health hospital;(2) A person who has written consent from the chief administrative officer of the mental health hospital;(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 mental health hospital 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 mental health hospital;(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 CFR Section 107.200.5. Each mental health hospital 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.6. The offense of unlawful use of unmanned aircraft over a mental health hospital 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 a patient or mental health hospital employee, in which case the offense is a class B felony;(2) Facilitating an escape from commitment or detention under section 575.195, 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. L. 2020 H.B. 1963 § 632.460