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Richmond, CA Drone Rules: Recreational Drones (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 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).

Source: CA Civil Code §1708.8View official code

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?
Hovering and recording your private backyard likely violates Civil Code §1708.8 and may support a Penal Code §647(j) prosecution. Document the flights and report to Richmond PD.
Can I shoot down a drone hovering over my yard?
No. Shooting a drone violates federal law (18 U.S.C. §32, aircraft sabotage) and state firearms laws. Document the incident, report to FAA, and pursue civil/criminal remedies instead.

Sources & Official References

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