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Montana Legislature enacts SB 493 criminalizing drone trespass without property owner consent

April 13, 2025 | Enrolled Senate Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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Montana Legislature enacts SB 493 criminalizing drone trespass without property owner consent
In a move to address growing concerns over privacy and property rights, the Montana Legislature has introduced Senate Bill 493, which seeks to establish the offense of criminal trespass by unmanned aerial vehicles (UAVs), commonly known as drones. Introduced on April 13, 2025, this legislation aims to regulate the use of drones flying at low altitudes over private properties without the owner's consent.

The bill defines criminal trespass by UAV as knowingly causing a drone to fly at or below 200 feet over someone else's property without authorization. If convicted, individuals could face a fine of $500. However, the bill includes several exceptions that allow for drone operations under specific circumstances. These exceptions cover government agencies conducting public safety operations, peace officers acting in accordance with existing laws, and utility companies using drones for property inspections or damage assessments.

The introduction of SB 493 comes amid increasing public concern regarding privacy violations and the potential for drones to invade personal space. Proponents argue that the legislation is necessary to protect property rights and ensure that drone operators are held accountable for unauthorized flights. However, the bill has sparked debates among stakeholders, including drone enthusiasts and civil liberties advocates, who express concerns about the potential overreach of government regulation and the implications for legitimate drone use, such as recreational flying and aerial photography.

Experts suggest that while the bill aims to balance privacy rights with the growing use of drone technology, it may also lead to confusion among drone operators regarding what constitutes lawful use. The exceptions outlined in the bill could create a complex regulatory environment, potentially stifling innovation in the drone industry.

As the legislative process unfolds, the implications of SB 493 could extend beyond privacy concerns. The bill may influence how drone technology is integrated into various sectors, including emergency response and infrastructure inspection, while also shaping public perceptions of drone usage in Montana. The outcome of this legislation will likely set a precedent for how other states approach similar issues in the future.

In conclusion, Senate Bill 493 represents a significant step in addressing the intersection of technology and personal privacy in Montana. As discussions continue, stakeholders will be closely monitoring the bill's progress and its potential impact on both drone operators and property owners across the state.

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