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2016 SESSION

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16101067D
HOUSE BILL NO. 737 Offered January 13, 2016 Prefiled January 12, 2016 A BILL to amend the Code of Virginia by adding a section numbered 18.2-130.1, relating to use of unmanned aircraft for capturing certain images; penalty. ---------- Patron-- Orrock ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-130.1 as follows:

§ 18.2-130.1. Use of unmanned aircraft system for capturing photographic or video images; penalty.

Except as authorized in § 19.2-60.1, any person who uses an unmanned aircraft system as defined in § 19.2-60.1 to capture an image, including the capture of sound waves or thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, of private real property or of an individual located on private real property after having been given written notice by the individual or the landowner or other person lawfully in charge of such private real property that such individual objects to having such images taken is guilty of a Class 3 misdemeanor. Any person who disseminates or sells an image captured in violation of this section is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a violation of this section that the person who captured the image destroyed the image as soon as the person received written notice pursuant to this section.