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.
Drone privacy in Richmond is governed primarily by state law. California Civil Code §1708.8, 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. Richmond Municipal Code does not have a separate drone privacy ordinance, but Richmond PD investigates drone voyeurism under state law, and victims can pursue civil restraining orders under Code of Civil Procedure §527.6. 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.
Contact your local code enforcement office for specific penalty information.
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