20-251. UNMANNED AIRCRAFT SYSTEMS NEAR DEPARTMENT OF CORRECTION FACIL-
ITIES. (1) As used in this section:
(a) "Correctional facility" means a facility incarcerating state in-
mates under the control of the Idaho department of correction.
(b) "Mitigation measures" means actions, such as jamming, that are
taken to cause electronic interference to neutralize, intercept, dis-
able, or disrupt an unmanned aircraft system in order to prevent illegal
or harmful activity.
(c) "Nefarious manner" means a manner in which an unmanned aircraft
system is used for an illegal, dangerous, or harmful purpose. Such
purpose may include but is not limited to spying, smuggling contraband,
facilitating criminal activity, or posing a direct threat to public
safety or security of a correctional facility.
(d) "Restricted airspace" means the airspace from the surface to a
height of four hundred (400) feet above ground level within the defined
perimeter of a correctional facility.
(2) The department of correction or a law enforcement officer or agency
may take reasonable and necessary mitigation measures against a threat posed
by an unmanned aircraft system operating in a nefarious manner within re-
stricted airspace within this state as long as it does not conflict with fed-
eral law.
(3) The department of correction or a law enforcement officer or agency
may act pursuant to subsection (2) of this section only if there is reason-
able suspicion that the unmanned aircraft system is operating in a nefarious
manner within the restricted airspace of any department of correction facil-
ity where prisoners are held. The department of correction or a law enforce-
ment officer or agency shall not be liable for any loss of or damage to an
unmanned aircraft system due to mitigation measures taken pursuant to this
section. The department of correction shall post notices on roads near cor-
rectional facilities that the area is a "Drone No Fly Zone."
(4) The use of an unmanned aircraft system within the restricted
airspace of a correctional facility shall be unlawful. Whoever commits the
crime of unlawful use of an unmanned aircraft system within the restricted
airspace of a correctional facility shall be guilty of a misdemeanor and
shall be fined no more than one thousand dollars ($1,000), imprisoned in the
county jail for no more than six (6) months, or by both such fine and impris-
onment. In addition to the sentence imposed pursuant to this subsection,
the court may order the forfeiture of the unmanned aircraft system used in
connection with the unlawful act.
(5) It shall be the responsibility of unmanned aircraft system opera-
tors to be familiar with all airspace restrictions and the location of cor-
rectional facilities and all other restricted airspace when operating un-
manned aircraft systems. Lack of knowledge that the prohibited act occurred
within the restricted airspace of the correctional facility shall not be a
defense.
[20-251, added 2026, ch. 233, sec. 1, p. 1013.]