SB 49 establishes new criminal offenses for the unlawful operation or use of small unmanned aircraft systems (UAS), commonly known as drones, and sets escalating penalties based on the conduct and harm involved. The bill makes it a misdemeanor, and then a felony for repeat offenses, to operate a drone in ways that interfere with law enforcement, firefighting, or other emergency response operations, to fly over military installations, or to violate existing voyeurism-related provisions in RSA 644:9. It also creates offenses for negligent drone operation that interferes with aircraft or airport operations, with higher penalties if the conduct damages an aircraft or causes a crash resulting in death or serious bodily injury.
The bill further prohibits drone flights over correctional, penal, or detention facilities and military installations in FAA-restricted airspace, with a felony penalty if the drone is used to deliver contraband or aid an escape. It separately makes it a class B felony to possess or operate a drone equipped with a device capable of causing serious bodily injury, death, or property damage, or capable of firing or releasing a projectile, while carving out exemptions for bomb squad personnel and certain law enforcement uses. The act takes effect January 1, 2026.
In terms of state law, SB 49 adds a new section to RSA 644, creating a dedicated criminal framework for drone misuse and expanding the state’s ability to prosecute unsafe or malicious UAS activity. Because the bill creates new crimes and penalties, the fiscal note anticipates indeterminable costs to the judicial and correctional systems, with possible impacts on prosecution, incarceration, probation, and parole at the state and local levels.
The overall sentiment reflected in the available materials appears neutral to supportive, with the bill described as being requested by the Department of Safety and moving through the Judiciary process without recorded opposition in the provided transcripts or votes. The structure of the bill suggests a public-safety rationale focused on protecting emergency responders, airports, correctional facilities, and aircraft from drone interference.
The main points of contention likely center on the breadth of the prohibited conduct and the severity of penalties, especially the felony treatment for repeat offenses, airport interference, contraband delivery, and drones equipped with potentially harmful devices. Another possible issue is the balance between public safety and lawful drone use, though the bill includes exemptions for law enforcement and bomb squad operations. No specific objections or amendments are reflected in the provided discussion record.
SB 49 amends RSA 644 by adding a new criminal offense section governing small unmanned aircraft systems. It creates misdemeanor and felony penalties for drone interference with emergency operations, flights near airports, correctional facilities, and military installations, and for drones equipped with weapon-like or destructive devices. The bill would expand criminal enforcement authority and likely increase potential judicial and correctional workload, while exempting certain law enforcement and bomb squad activities. It takes effect January 1, 2026.
The available record suggests generally favorable or at least noncontroversial treatment of the bill. It was requested by the Department of Safety and there are no recorded committee transcripts or votes showing opposition in the materials provided. The bill’s framing emphasizes public safety, protection of aircraft and emergency responders, and prevention of contraband delivery or weaponized drone use.
The likely areas of contention are the scope of criminal liability and the level of punishment. Critics could question whether the bill sweeps too broadly by criminalizing a range of drone conduct near airports, correctional facilities, and military installations, and whether felony penalties are appropriate for repeat or negligent conduct. Supporters would likely emphasize the need to deter dangerous drone interference and protect emergency response, aviation, and detention facilities. The bill also draws a line between prohibited conduct and exempted public-safety uses, which may be a point of discussion around enforcement and operational flexibility.