Pennsylvania Statewide Rule

Pennsylvania Recreational Drone Law (Act 78 of 2018)

Some RestrictionsApplies statewide across Pennsylvania (2026)

Key Facts

Statute: 18 Pa.C.S. Section 3505 (Act 78 of 2018)
Prohibits: Surveillance, menacing use, contraband delivery
Contraband delivery: Second-degree felony, up to 10 years
FAA: Controls airspace and flight operation
Recreational: TRUST test; register over 0.55 lb
Local authority: May limit launch/landing on public land

Last verified: August 21, 2026Source: PA Act 78 of 2018 - Unlawful Use of Unmanned Aircraft (18 Pa.C.S. Section 3505)

Summary

Pennsylvania Act 78 of 2018 (18 Pa.C.S. Section 3505) criminalizes drone surveillance of a private place, menacing operation, and contraband delivery, and preempts most local drone rules. The FAA controls airspace, so recreational pilots also follow federal rules. Cities may still restrict launch and landing on public property.

(a) Offense defined.-A person commits the offense of unlawful use of unmanned aircraft if the person uses an unmanned aircraft intentionally or knowingly to: (1) Conduct surveillance of another person in a private place. (2) Operate in a manner which places another person in reasonable fear of bodily injury. (3) Deliver, provide, transmit or furnish contraband in violation of section 5123 (relating to contraband) or 61 Pa.C.S. § 5902 (relating to contraband prohibited).

Source: PA Act 78 of 2018 - Unlawful Use of Unmanned Aircraft (18 Pa.C.S. Section 3505)View official code

Full Breakdown

Act 78 of 2018 added 18 Pa.C.S. Section 3505, "Unlawful Use of Unmanned Aircraft," to the Crimes Code. It bars using a drone to conduct surveillance of another person in a private place, to place another in reasonable fear of bodily injury, or to deliver contraband, such as to an inmate. The Act also preempts local drone ordinances. The FAA retains exclusive authority over airspace under 49 U.S.C. Section 40103, so recreational pilots must pass the TRUST test and register drones over 0.55 lb, and commercial pilots need a Part 107 certificate. Municipalities and DCNR may still regulate drone launch and landing on public property such as parks.

Violations & Penalties

Surveillance or menacing use under 18 Pa.C.S. Section 3505 is a summary offense. Delivering contraband by drone is a second-degree felony, punishable by up to 10 years imprisonment and a $25,000 fine. FAA violations carry civil penalties that can exceed $30,000.

Frequently Asked Questions

Can I fly a drone for fun in Pennsylvania?

Yes. Follow FAA recreational rules: register a drone over 0.55 lb, pass the TRUST test, stay under 400 feet, and avoid restricted airspace. Under 18 Pa.C.S. Section 3505 you may not use a drone to surveil someone in a private place.

Can my city ban drones?

Cities cannot regulate airspace (the FAA preempts it) or drone ownership and operation (Act 78 of 2018 preempts that), but they can restrict drone launch and landing on public property they own, including parks and municipal buildings.

What can't I do with a drone in PA?

You cannot use a drone to surveil someone in a private place, place another in reasonable fear of bodily injury, or deliver contraband such as to an inmate. Contraband delivery is a second-degree felony under 18 Pa.C.S. Section 3505.

Sources

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