West Virginia Code § 61-16-2

Prohibited use of an unmanned aerial vehicle; criminal penalties
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(a) Except as authorized by the provisions of this article, it is unlawful for any person to
operate an unmanned aerial vehicle:
(1) To knowingly and intentionally capture or take photographs, images, video, or audio of
another person or the private property of another, without the other person's permission, in
a manner that would invade the individual's reasonable expectation of privacy, including, but
not limited to, capturing, or recording through a window;
(2) To knowingly and intentionally view, follow, or contact anothuer person or the private
property of another without the other person's permission in a manner that would invade the
individual's reasonable expectation of privacy, including, but not limited to, viewing,
following, or contacting through a window;
(3) To knowingly and intentionally harass another person;
(4) To violate a restraining order or similar judicial order;
(5) To act with a willful wanton disregard for the safety of persons or property; or
(6) To knowingly and intentionally operate an unmanned aerial vehicle in a manner that
interferes with the official duties of law enforcement personnel or emergency medical
personnel.
(b) It is unlawful for anyL person to operate an unmanned aerial vehicle over the property of a
targeted facility to:
(A) intentionally deploy any substance, material, projectile, or object,
(B) to conduct surveillance of, or gather evidence and information about such facility, with
theW intent to do harm to such facility the public or any person, or
(C) to engage in any attempt to obtain:
(i) business trade secrets, proprietary information, or,
(ii) protected Federal or state information for the operator's own use or profit.
(c) Nothing in this section prohibits a person from operating an unmanned aerial vehicle to
conduct surveillance of, gather evidence and information about, or photographically or
electronically record the person's own property or immovable property owned by another
person under a valid lease, servitude, right-of-way, right of use, permit, license, or other
right: Provided, That nothing in this section prohibits third persons retained by the owner of
immovable property from operating an unmanned aerial vehicle over, or to otherwise
conduct surveillance of, gather evidence and information about, or to photographically or
electronically record the property: Provided, however, That nothing in this section prohibits
a person from operating an unmanned aerial vehicle in connection with production of a
motion picture, television program, or similar production if the operation of the unmanned
aerial vehicle is authorized by the property owner.
(d) The provisions of this section do not apply to a law-enforcement agency acting in
compliance with the provisions of this article: Provided, That a law enforcemeent agency's
operation of an unmanned aerial vehicle for the purpose of surveillance, investigation into
crime, or any other purpose related to the enforcement of the criminal rlaws of this state or
those of the United States shall be in accordance with the Fourth Amendment to the United
States Constitution and Article III, § 6 of the constitution of this state.
(e) The provisions of this section do not apply to a news orgatnization using a camera-
carrying unmanned aerial vehicle at altitudes greater than 400 feet over private property for
legitimate newsgathering purposes.
(f) Any person violating the provisions of subsectionl (a) or (b) of this section is guilty of a
misdemeanor and, upon conviction thereof, shsall be fined not less than $100 nor more than
$1,000 or confined in jail for not more than one year, or both fined and confined.
(g) Any person who equips an unmagnned aerial vehicle with any deadly weapon or operates
any unmanned aerial vehicle equipped with any deadly weapon, other than for military
purposes in an official capacity, is guilty of a felony and, upon conviction thereof, shall be
fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility
for not less than one nor more than five years, or both fined and imprisoned.
(h) Any person who operates an unmanned aerial vehicle with the intent to cause damage to
or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction
thereof, shall be fined not less than $1,000 nor more than $5,000 imprisoned for not less
than one nor more than five years, or both fined and imprisoned.
(i) A person that is authorized by the Federal Aviation Administration to operate unmanned
aerial vehicles for commercial purposes may operate an unmanned aerial vehicle in this
state for such purposes if the unmanned aerial vehicle is operated in a manner consistent
with federal law.

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