Contra Costa County, CA Drone Rules: Recreational Drones (2026)
Key Facts
- Civil liability
- Civ 1708.8
- Damages
- Up to 3x + punitive
- Emergency interference
- Penal 402 (misd)
- Criminal peeking
- Penal 647(j)
Summary
CA Civil Code 1708.8 creates civil liability for drone-based invasion of privacy. Recording or observing individuals in areas with reasonable expectation of privacy is actionable. Contra Costa follows state privacy framework.
(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.
Full Breakdown
California Civil Code Section 1708.8 (the anti-paparazzi statute, amended to expressly cover drones) creates civil liability when a person uses a drone to physically enter airspace over private property to capture a visual image or recording of any person engaged in personal or familial activity where the person had a reasonable expectation of privacy. Damages include actual damages, disgorgement of profits, and up to three times actual damages plus punitive damages. Penal Code Section 647(j) criminalizes invasion of privacy through secret recording in areas with reasonable expectation of privacy (bedrooms, bathrooms, changing rooms). California Penal Code Section 402 prohibits drone use that interferes with first responders at emergency scenes. Contra Costa County does not have a separate drone privacy ordinance; the state civil and criminal framework applies. Victims may seek restraining orders under Civil Code Section 527.6. FAA preemption does not apply to privacy/trespass tort claims.
Frequently Asked Questions
Can my neighbor fly a drone over my backyard?
Can I shoot down a drone over my house?
Sources & Official References
Other rules in Contra Costa County
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