Rep. Lance Gooden
Legislation imposing civil liability and criminal penalties for the unauthorized use of an image captured by unmanned aircraft has been reported from the House Criminal Jurisprudence Committee. HB 912 by Rep. Lance Gooden (R-Terrell) creates a criminal offense if a person uses or authorizes the use of an unmanned vehicle or unmanned aircraft to capture an image of an individual or real property with the intent to monitor or conduct surveillance on the individual or real property, unless the individual or property owner consents or the surveillance is for a valid law enforcement or public safety purpose. The bill creates a separate offense if a person possesses, discloses, displays, distributes, or uses an unauthorized image. Both offenses are Class C misdemeanors, punishable by a fine of up to $500. In addition to criminal liability, HB 912 establishes a right of action for civil penalties, injunctive relief, court costs, and attorney’s fees for the unauthorized capture or use of an image in violation of the law.
