42-1-18. Photographing minor without consent of parent or guardian; use of unmanned aircraft systems.

As used in this Code section, the term:#

1. (1)

   “Minor” shall have the same meaning as set forth in Code Section 42-1-12.#

2. (2)

   “Photograph” means to create, capture, transmit, or record by electronic or other means a photographic image or similar visual representation or image of a person.#

3. (3)

   “Unmanned aircraft system” means a powered, aerial vehicle, not including a satellite, that:#

   1. (A)

      Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the vehicle;#

   2. (B)

      Uses aerodynamic forces to provide vehicle lift;#

   3. (C)

      Can fly autonomously or be piloted remotely;#

   4. (D)

      Can be expendable or recoverable; and#

   5. (E)

      Has the ability to photograph.#

1. (1)

   No person required to register as a sexual offender pursuant to Code Section 42-1-12 shall intentionally photograph a minor without the consent of the minor’s parent or guardian.#

2. (2)

   Any person who commits the offense of intentionally photographing a minor without the consent of such minor’s parent or guardian in violation of paragraph (1) of this subsection shall, upon the first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that, if a fine is imposed pursuant to Code Section 17-10-4, such fine shall not be less than $1,500.00.#

3. (3)

   Any person who commits the offense of intentionally photographing a minor without the consent of such minor’s parent or guardian in violation of paragraph (1) of this subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 30 years and a fine of not less than $5,000.00 nor more than $100,000.00.#

4. (4)

   For the purpose of this subsection, the term “conviction” shall include a plea of nolo contendere.#

1. (1)

   No person required to register as a sexual offender pursuant to Code Section 42-1-12 shall knowingly possess, own, or operate an unmanned aircraft system with the intent to photograph, observe, follow, or contact any particular person without his or her consent or photograph, observe, follow, or contact any person in a way that violates the person’s reasonable expectation of privacy.#

2. (2)

   Any person who violates paragraph (1) of this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than ten years and a fine of not less than $20,000.00 nor more than $100,000.00.#