In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
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Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Call Us NowLas Vegas Criminal Defense Attorneys » Criminal Laws A to Z » Where Can I Legally Fly A Drone
Updated
Unmanned aircraft systems (drones) are subject to restrictions on where in Nevada they can be flown.
Some of these are FAA regulations, which apply to all drones flown outdoors in the United States, whether commercially or for fun. Other restrictions on drones are found in the Nevada Revised Code.
But regardless of which law you are violating, flying a drone in the wrong Nevada location can subject you to anything from a stiff warning to charges of violating terrorism laws.
Flying a drone in a prohibited area in Nevada could subject you to a civil fine by the FAA (Federal Aviation Administration). In egregious circumstances, you might also face criminal penalties of up to $250,000 and/or up to one year in federal prison, or even charges for trespass by drone, terrorism or invasion of privacy.
Common places drones may not be flown include (but are not limited to):
To help you better understand where you may legally fly a drone in Nevada, our Reno and Las Vegas criminal defense lawyers discuss the following, below:
Also see our article on the Nevada crime of weaponizing a drone (NRS 493.106).
Drones are considered “aircraft” under U.S. federal law. As a result, the FAA is charged with prescribing air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for:
Of particular concern to the United States is national defense airspace. Restricted military sites in Nevada include:
Violation of national defense airspace is a crime under 49 U.S. Code 46307. Penalties for flying a drone in national defense airspace can include:
The FAA considers drones to be aircraft.
Federal and Nevada state law make it a crime to fly an unmanned aerial vehicle (drone) within 5 miles of an airport without an FAA waiver or permission of the airport operator.
Under NRS 493.109, drone flight within 5 miles of an airport is a misdemeanor. Penalties can include:
You may also face additional criminal charges if your use of drones endangers persons, public safety or aircraft.
NRS 493.109 also makes it a misdemeanor crime to fly an unmanned aircraft system (UAS) near a “critical facility” in Nevada. Specifically, you may not fly a drone with a horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner.
“Critical facilities“ include (but are not limited to):
Penalties for operating a drone near a critical facility in Nevada can include:
Temporary Flight Restrictions (TFRs) define certain areas of controlled airspace where air travel is limited because of a temporary hazardous condition, such as a:
Flying a drone during one of these events is considered extremely dangerous and can be punished as a federal crime.
The FAA maintains a list of temporary flight restrictions on its drone regulations website. Drone pilots can find temporary flight restrictions for Nevada by using the drop-down menu in the top center of the page.
NRS 493.109 prohibits flying drones near critical facilities, such as prisons.
NRS 493.103 makes it a civil offense to fly an unmanned aerial vehicle (UAV) over someone else’s property at a height of fewer than 250 feet. Drone operators only violate this law, however, if they have flown over the property at least once previously and the owner has given them notice that he or she did not authorize the flight.3
Trespass by drone is not a crime in Nevada. The remedy for trespass by zone is a lawsuit in Nevada District Court.4 A plaintiff who prevails in an action for drone trespass under NRS 493.103 is entitled to recover:
A suit may not be, however, be brought under NRS 493.103 if:
Use of a drone may subject you to a civil lawsuit or criminal penalties if you use it to invade someone’s privacy. Nevada criminal privacy laws include:
In keeping with the federal government’s FAA regulations, the state of Nevada has set forth community guidelines for the flying of drones for recreational use. We recommend that you review Nevada’s “Know Before You Fly” guidelines before flying your recreational drone.
In addition to the restrictions set forth above in this article, Nevada’s guidelines for drone operations include (without limitation):
Call our law firm for help. We offer free consultations.
If you have been charged with a drone-related crime in Nevada, we invite you to contact our Las Vegas and Reno criminal attorneys for a free consultation.
We know that most people who fly drones in the wrong place in Nevada aren’t terrorists – they simply made an honest mistake. If you have been accused of a drone offense by the FAA, the Las Vegas Metropolitan Police or another law enforcement agency, we fill to get your charges dismissed or reduced.
Fill out the form on this page or call us at our contact information to schedule your free consultation. One of our caring drone defense lawyers will get back to you promptly to help you start planning the best defense to your Nevada drone charges.