(a) Except as provided in subsection (b), a person may not: (1) Operate an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 200 feet from a facility; or (2) Operate an unmanned aircraft system to conduct surveillance of or photograph or otherwise record images of a facility. (b) Subsection (a) does not apply to the use of an unmanned aircraft system by: (1) The Alabama Department of Corrections; (2) A person authorized by federal regulations to operate an unmanned aircraft system and who is operating the system in a lawful manner and consistent with federal regulations; (3) The Armed Forces of the United States of America; (4) The Alabama National Guard; or (5) Any of the following with prior written permission from the Commissioner of the Department of Corrections: a. A contractor working on behalf of the Department of Corrections; b. Any state or federal law enforcement agency or public safety agency responding to an emergency; c. A person engaged in official emergency functions or emergency management; or d. Any state or federal public utility. (c) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.
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