Destroying your neighbors irritating drone.

In an episode from the hit series TV show Modern Family, Phil, Luke, and Manny go to great lengths in an attempt to destroy the neighbors irritating drone.

Phil isn’t alone.  With the increasing number of hobbyist drones, the suburban airspaces have turned into minor battlefields.  The question becomes, is it legal to destroy your neighbor’s drone?  In most instances no, of course, as with anything there are a few exceptions.

The History of Drones in the United States

A drone or unmanned aircraft vehicle (UAV) is an aircraft without a human pilot.  Innovation for today’s drones began in the early 1900s as a way to train military personnel.  Little more than remote-controlled airplanes, the drones were modified in the 1960s with the U.S., concerned about losing pilots during the Vietnam War began deploying drones for high-risk flying operations.  Heading into the early 1990s and with technology advancing, the U.S. unveiled their armed UAV lineup for the Gulf War.

While drones were developed for and associated with military applications, they have become more common in everyday urban and rural life.  Modern UAVs are used for aerial surveillance of crops, footage in filming, search and rescue operations, inspection of power lines and pipelines, counting wildlife, delivering supplies, crowd monitoring, etc.  UAVs have also become a trendy hobby for people, which is why you may not be all that thrilled about your neighbors new toy.

Is it legal for your neighbor to fly a UAV?

Yes, although there are limitations on using drones and capturing images of persons on private property and images of private real property.  See Texas Government Code, Section 423.  Look for the laws surrounding drones to change and develop as people continue to take their latest hobby to the air.

Can I destroy my neighbors flying UAV because I don’t like it?

No.  In fact you can be prosecuted under Federal Law 18 U.S.C. Section 32, stating in part:

(a) whoever willfully-

(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce

…shall be fined…or imprisoned not more than 20 years.

In 2011 the National Transportation Safety Board declared a drone an aircraft subject to FAA regulations.  In other words the aforementioned Federal Law criminalizing the destruction of an aircraft applies to your neighbor’s irritating, drone hovering over your backyard.

What if I am under attack from my neighbor’s drone?

While self-defense has always had a bit of grey area in its application, if you believe force is immediately necessary to protect you, your family, or even your neighbors property, then yes you can take it down.  Is the drone equipped with ammo?  You can destroy.  Is the drone trying to ram you?  You can destroy.

What if the drone lands on my yard?

Unlike airspace (government property), your yard is your property.  However, that doesn’t mean you can take a Louisville Slugger to the drone.  In Texas, you may defend your property, but you must believe you are under attack.

What if the drone flies into my home?

If the drone comes crashing through your window and lands in your home, feel free to channel your inner – Dwayne “The Rock” Johnson and dust off your best “people’s elbow.”

Under the law, self defense may be used if a person unlawfully and with force enters your home.  Here a drone (via a person) has unlawfully and with force entered your home.

What if the drone is a “Peeping Tom?”

Just because someone is snapping photos of you, doesn’t mean you can take a crane kick to their face.

So, technically speaking under Federal Law it seems you could be prosecuted for destroying or damaging the drone.  Practically speaking, however, I find it difficult to believe any jury would find you at fault.  On the other hand, the owner of the drone could face a variety of criminal penalties depending on what type, if any, images were captured.

Back to Phil…

So was Phil breaking the law?  Maybe.

Under Federal Law, Phil could be prosecuted.  Of course, he would argue that he was only defending himself and his family from the attacking drone.  This may keep him out of harms way.  That is of course if investigators believe he was in fact under attack and in fear of his or his family’s life.

Officers may take the easier route and just charge him  indecent exposure (1:10) and Manny with theft (of the bike, 0:39).

What you should do.

If you encounter an irritating drone around your home, call the police.  In most instances you should stay clear from destroying, damaging, or attempting to destroy or damage a drone.  Just because you see a drone in the sky, doesn’t mean it is coming after you. While there are exceptions to the law, taking action (even if legally justified) does not mean you are “scot-free.”  Not only could you find yourself facing a criminal investigation but civil penalties as well.

Because “droning” is relatively a new hobby, it will take time for laws to catch up.  in the meantime realize the hobbyist controlling the drone is most likely just taking the toy out for a quick spin.  If the drone makes you uncomfortable notify the proper authorities.