§ 124n–1 - Penalties

CHAPTER 1— HOMELAND SECURITY ORGANIZATION › SUBCHAPTER II— INFORMATION ANALYSIS

(a) In this section, the term “unmanned aircraft” has the meaning given the term in section 44801 of title 49.

(c) If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.

(d) If a defendant who is convicted under section 1791 of title 18 knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years.

(e)(1) To carry out the purposes of this section, during the Sentencing Commission’s amendment cycle in progress at the time this Act is enacted, the Commission shall, under section 994 of title 28—

(e)(1)(A) promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and

(e)(1)(B) as necessary, promulgate policy statements, or amendments to policy statements to assist in the application of this section.

(e)(2) In any case in which the enhanced penalties of subsection (c) apply, the guidelines and amendments issued under paragraph (1) shall call for an increase of at least 6 levels in the base offense level and in all other cases, the base offense level shall be increased by at least 4 levels.

(f) Any entity or individual authorized to take such actions to mitigate the threat posed by an unmanned aircraft system or unmanned aircraft pursuant to section 124n of this title who knowingly engages in such actions without Federal coordination as required by those statutes, shall be subject to—

(f)(1) a civil fine up to $100,000 per violation; or

(f)(2) suspension of counter-UAS authority pending review by the Attorney General or Secretary of Homeland Security.

(g) The Attorney General is authorized to bring a civil action in a United States district court to collect fines and enforce civil penalties imposed under this section.

(h) This section and the amendments made by this section shall take effect 30 days after December 18, 2025.

Notes

Codification

Section was enacted as part of the SAFER SKIES Act, and also as part of the National Defense Authorization Act for Fiscal Year 2026, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Section is comprised of section 8605 of Pub. L. 119–60. Subsec. (b) of section 8605 of Pub. L. 119–60 amended section 46307 of Title 49, Transportation. Subsec. (e) of section 8605 of Pub. L. 119–60 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.