Prohibiting the use of remotely piloted aircraft flying over farm property, and making penalties applicable

Description

Senate File 491 modifies the offenses of intrusion by use of remotely piloted aircraft (RPA) under Iowa Code section 715E.3(1)(b) and surveillance by use of RPA under Iowa Code section 715E.4(1)(b) by replacing the term “secure farmstead area” with the term “farmstead.” The Bill defines the term “farmstead” as real property that is owned or leased by a farmer and is used by the farmer for farming, including the production of a farm commodity. The real property must also have generated at least $15,000 from the sale of farm commodities produced on the real property in the last calendar year. The Bill establishes a secured area of 400 feet from certain types of property located on the farmstead, which include a farm animal, farm equipment, or a farm structure. An RPA is prohibited from entering into this space, subject to the exceptions that apply to a homestead.

The Bill removes the definitions of “agricultural animal,” “animal feeding operation,” and “secure farmstead area.” The Bill adds new definitions under Iowa Code section 715E.1 for the terms “farm animal,” “farm commodity,” “farm crop,” “farm equipment,” “farm structure,” “farmer,” and “farmstead” and amends the definition of the term “surveillance device.”

Background

Iowa Code chapter 715E establishes the following offenses, provides penalties, and provides for exceptions to the offenses:

• Intrusion by the use of an RPA.
• Surveillance by the use of an RPA.

A person commits intrusion by the use of an RPA if the person knowingly controls the flight of an RPA over a homestead or a secure farmstead area, if the homestead or secure farmstead area is not owned or leased by the RPA operator, and if the RPA remains over the homestead or secure farmstead area. The penalty is a simple misdemeanor, or a serious misdemeanor if the person has previously been convicted of this offense or surveillance by the use of an RPA. A person commits surveillance by the use of an RPA if the person knowingly controls the flight of an RPA equipped with a surveillance device over a homestead or secure farmstead area, if the homestead or secure farmstead area is not owned or leased by the RPA operator, and if the RPA remains over the homestead or secure farmstead area. The penalty is a serious misdemeanor, or an aggravated misdemeanor if the person has previously been convicted of this offense or intrusion by the use of an RPA.

In FY 2024, there were no convictions and no individuals admitted to prison or probation under Iowa Code sections 715E.3 and 715E.4.

An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. A simple misdemeanor is punishable by confinement for up to 30 days and a fine of at least $105 but not more than $855.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
• A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

The correctional impact of the Bill cannot be determined since the definition changed but is anticipated to be minimal. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a serious misdemeanor and an aggravated misdemeanor. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.

Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months

Minority Impact

The minority impact cannot be determined due to a lack of existing data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact cannot be determined but is anticipated to be minimal. Figure 2 shows the average State cost per offense for a serious misdemeanor and aggravated misdemeanor. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Costs per OffenseConviction Offense Class

Percent

Ordered to

State Prison

FY 2024 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day Prison

Percent

Ordered to

Probation

FY 2024

Field Avg

LOS on

Probation

Avg Cost

Per Day on

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY 2024

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

Aggravated Misdemeanor

Non-Persons 30.5% 8.7 $24.51 46.4% 26.1 $7.68 $18.37 $50.00 19.7 $7.68 Serious Misdemeanor 2.4% N/A $24.51 53.4% 18.8 $7.68 $18.37 $50.00 N/A $7.68Offense Class Average Cost Aggravated Misdemeanor $6,800 to $11,800 Serious Misdemeanor $420 to $5,000

Sources

• Department of Corrections
• Department of Management (DOM) Criminal Justice Planning