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Farmers tell committee drones flew over barns; bill to make repeated trespass a crime held for legal review
Summary
Representative Culp told the House Criminal Code Committee that House Bill 10-64 would create civil and criminal penalties for repeated, unauthorized drone flights over private property and critical agricultural infrastructure. Farmers testified about unexplained drone activity near barns and a child who became ill after an alleged spray; the committee held the bill for LSA constitutional review.
Representative Kendall Culp told the committee that House Bill 10-64 would make repeated operation of an unmanned aerial vehicle over private property without permission a civil trespass (class A misdemeanor) and would raise penalties in aggravating circumstances, including increased fines up to $5,000 and a level-6 felony for collecting data or imagery over critical agricultural or energy infrastructure. “This legislation … would go much further,” Culp said, describing protections for agriculture and energy infrastructure.
Ryan Hoff of the Indiana Farm Bureau said members support civil and criminal penalties to protect biosecurity and property rights, adding that the rapid rise of drone use has outpaced the regulatory framework. “This has left agribusiness stakeholders in a regulatory gray zone,” Hoff said.
Farmers gave detailed, sometimes emotional testimony. Jay County Farm Bureau President Barry Miller described repeated high‑tech drone activity beginning in January 2025 and investigators’ limited findings: “We contacted the FBI. They came out and investigated. We talked to the FAA, and we talked to Homeland Security. And we've got no information from any of them,” he said. Lenny Molenkamp described an incident he said occurred March 3 when, he said, “a drone came along and sprayed into the open curtain all the way along the side of the barn. Emma got sick,” referring to a 9‑year‑old girl who was reportedly present. Molenkamp said the farm later tested positive for avian influenza.
Committee members repeatedly flagged potential federal preemption and constitutional concerns. Representative Pierce cautioned that states may be limited to regulating privacy and trespass and urged drafters to pinpoint the specific harms the bill would address so it would not be preempted by federal aviation law (FAA/FAR 107.31 was discussed during questioning). Representative Culp said the bill would be held while he works with the Legislative Services Agency to resolve constitutional issues.
The committee did not take a final vote on House Bill 10-64. The chair said the bill would be reworked with LSA to address federal and constitutional concerns before any further action.
