An Act to revise drone surveillance protections.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-21-1 be AMENDED:

22-21-1. Trespassing--Eavesdropping--Invasion of Privacy--Drones--Exemptions--Misdemeanor.

Any No person who may, except as authorized by law:

(1) Trespasses Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place;

(2) Installs Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;

(3) Intentionally uses a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy Use use a drone, unless for a bona fide business or government purpose, for aerial surveillance, observation, technological imaging, photography, videography or any other type of sensory recording to gather, collect, disseminate, or retain data of persons, homes, businesses, or properties, where there is a reasonable expectation of privacy, without the written consent from the person, the property owner, or the manager; or

(4) Lands Land a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner's consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing;.

A person who violates this section is guilty of a Class 1 misdemeanor. Subdivisions (2) and (3) do not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties. These restrictions do not apply to a drone operator operating a drone for commercial or agricultural purposes pursuant to or in compliance with federal aviation administration regulations, authorizations, and exemptions nor do they apply to an designated emergency management worker operating a drone within the scope of the worker's duties.