Richmond, CA Drone Rules: Recreational Drones (2026)
Key Facts
- Privacy Damages
- Civil Code §1708.8 treble
- Recording Misdemeanor
- Penal Code §647(j)
- Audio Consent
- Penal Code §632 two-party
- FAA Preemption
- Does not apply privacy
- Civil Restraining Order
- CCP §527.6 available
Summary
California Civil Code §1708.8 (the anti-paparazzi statute) creates physical and constructive invasion of privacy claims against drone operators who capture images of people engaged in private activity. Richmond police also enforce Penal Code §647(j) (illegal surveillance) when drones record into homes or backyards.
(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.
(d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the person shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).
Full Breakdown
Drone privacy in Richmond is governed primarily by state law. 8, amended in 2015 specifically to cover drones (AB 856), creates liability when a person "knowingly enters onto the land or into the airspace above the land of another person without permission" to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity. Remedies include three times general and special damages plus disgorgement of profits and punitive damages. California Penal Code §647(j) makes it a misdemeanor to use a camera or recording device (including drones) to view or record the inside of a residence, bathroom, or area where a person has a reasonable expectation of privacy, without consent.
Penalties up to $1,000 fine and six months jail. Penal Code §632 (the two-party consent wiretap statute) prohibits recording confidential audio without consent of all parties. 6. Commercial drone operators should obtain written consent for identifiable footage of individuals and comply with COPPA when imaging schools, parks, and playgrounds. Drone footage of neighbors has also supported nuisance and intentional infliction of emotional distress claims in California. The FAA does not preempt state privacy law.
Frequently Asked Questions
Can my neighbor fly a drone over my backyard?
Can I shoot down a drone hovering over my yard?
Sources & Official References
Other rules in Richmond
California rules heatmap·Compare Richmond to another location·View the California drone rules overview
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Recreational Drones in Nearby Cities
How other cities in Contra Costa County handle recreational drones.