Idaho Code 21-213 prohibits using unmanned aircraft systems to conduct surveillance, gather evidence, or photograph specifically targeted persons or private property without written consent. The statute applies uniformly statewide, and recreational pilots also face FAA federal preemption on airspace operations.
Idaho Code 21-213 makes it unlawful for any person, entity, or state agency to use a drone to intentionally conduct surveillance of, gather evidence about, or photographically or electronically record specifically targeted persons or specifically targeted private property, including dwellings and curtilage, without written consent. Limited exceptions allow law enforcement use for traffic accident documentation, crowd or traffic management, disaster assessment, and training. Victims have a private cause of action for damages of at least $1,000 plus attorney fees. While Idaho regulates drone operator conduct (especially privacy), all airspace and operational rules including registration, altitude, and night flight remain governed by FAA Part 107 and Part 48; cities and counties cannot regulate flight altitude or airspace.
Civil cause of action with statutory damages of at least $1,000 plus actual damages and attorney fees per Idaho Code 21-213(3). Trespass and stalking statutes may add criminal exposure.
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