Brentwood, CA Drone Rules: Recreational Drones (2026)
Key Facts
- Civil Code
- Civil Code 1708.8 covers drone privacy invasion
- Penalties
- Civil fines 5,000 to 50,000 dollars
- Trespass Drone
- Trespass by drone recognized in California
- Penalties
- Penal Code 647(j) criminal recording violation
- Harassment Restraining
- Harassment restraining orders available
Summary
California Civil Code 1708.8 makes it a civil tort to use a drone to capture images or recordings of someone in a private setting. Brentwood also enforces trespass and peeping laws against invasive drone use. Flying a drone low over a private backyard to record can result in civil and criminal liability.
1708.8.
(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.
(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.
Full Breakdown
California has one of the strongest drone-privacy statutes in the country. 8 (amended in 2015 to cover drones) makes it a tort, called "constructive invasion of privacy," to use any device including a drone to capture visual images or audio recordings of a person engaged in a private or personal activity where they have a reasonable expectation of privacy. Civil penalties can include general damages, punitive damages up to three times compensatory damages, disgorgement of any profits, and a civil fine of 5,000 to 50,000 dollars.
In addition, using a drone to loiter or hover near private property to photograph can constitute trespass under Penal Code 602 (the drone intruding into private airspace is treated as a trespass for this purpose under multiple court decisions) and criminal invasion of privacy under Penal Code 647(j) for recording in or through places where there is a reasonable expectation of privacy. 6 for harassment. Commercial operators must additionally comply with FAA Part 107 and the California drone commercial film guidelines. Drone operators should maintain at least 100 feet horizontal separation from private residences where feasible, avoid hovering over private yards, and never record into windows. Real-estate photography with drones requires the property owner's consent and typically neighbor courtesy notifications.
Frequently Asked Questions
Can a neighbor fly a drone over my yard?
How do I report an invasive drone?
Sources & Official References
Other rules in Brentwood
California rules heatmap·Compare Brentwood to another location·View the California drone rules overview
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How other cities in Contra Costa County handle recreational drones.