Pennsylvania Recreational Drone Law (Act 22 of 2018)

Act 22 of 2018 added 18 Pa.C.S. §3505 to the PA Crimes Code, creating the offense of "Unlawful Use of Unmanned Aircraft." The statute prohibits using a drone to conduct surveillance of another person in a private place, to deliver contraband, or to operate over a correctional institution. A separate provision criminalizes using a drone to intentionally harass, annoy, or alarm another person. The Act also preempted local drone regulation, removing earlier patchwork ordinances enacted by Philadelphia and other municipalities. However, the FAA retains exclusive jurisdiction over airspace and aircraft operation under 49 U.S.C. §40103, so all PA drone operators must additionally comply with federal rules: recreational pilots need a TRUST safety test certificate, and commercial pilots need a Part 107 Remote Pilot Certificate. Pennsylvania DCNR and individual municipalities may still regulate drone launch and landing on public property they own — many state parks and city parks prohibit drone launches without a permit. Cities can restrict the use of public property as a takeoff/landing site without regulating airspace.

Violation of 18 Pa.C.S. §3505 (unlawful drone use) is a summary offense for surveillance and harassment, but elevates to a third-degree misdemeanor if delivering contraband or operating over a correctional facility — punishable by up to 1 year imprisonment and $2,500 fine. FAA violations carry civil penalties up to $27,500 per incident. Violating park launch rules is typically a summary park-rule offense with fines $25–$300.