Tex.
Penal Code Section 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility
(a)
In this section:(1)
“Contraband” means any item not provided by or authorized by the operator of a correctional facility or detention facility.(2)
“Correctional facility” means:(A)
a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;(B)
a municipal or county jail;(C)
a confinement facility operated by or under contract with the Federal Bureau of Prisons; or(D)
a secure correctional facility or secure detention facility, as defined by Section 51.02 (Definitions), Family Code.(3)
“Detention facility” means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.(b)
A person commits an offense if the person intentionally or knowingly:(1)
operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;(2)
allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or(3)
allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.(c)
This section does not apply to conduct described by Subsection (b) that is committed by:(1)
the federal government, this state, or a governmental entity;(2)
a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;(3)
a person who has the prior written consent of the owner or operator of the correctional facility or detention facility;(4)
a law enforcement agency; or(5)
a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.(d)
An offense under this section is a Class B misdemeanor, except that the offense is:(1)
a Class A misdemeanor if the actor has previously been convicted under this section; or(2)
a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:(A)
provide contraband to a person in the custody of the correctional facility or detention facility; or(B)
otherwise introduce contraband into the correctional facility or detention facility.
Source:
Section 38.115 — Operation of Unmanned Aircraft over Correctional Facility or Detention Facility, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm#38.115 (accessed Apr. 20, 2024).
