Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of ArkansasAs Engrossed: H2/5/25 H2/10/25 H2/17/25 H3/4/25 H3/11/25
2 95th General Assembly A Bill
3 Regular Session, 2025 HOUSE BILL 1148
4
5 By: Representatives Vaught, Milligan
6 By: Senator B. Johnson
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE ARKANSAS PRIVACY ACT; TO ADDRESS
10 CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT SYSTEMS;
11 AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO CREATE THE ARKANSAS PRIVACY ACT; AND
16 TO ADDRESS CERTAIN IMAGES CAPTURED BY
17 UNMANNED AIRCRAFT SYSTEMS.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. DO NOT CODIFY. Title.
22 This act shall be known and may be cited as the "Arkansas Privacy Act".
23
24 SECTION 2. Arkansas Code � 5-60-103 is amended to read as follows:
25 5-60-103. Unlawful use of an unmanned aircraft system related to
26 infrastructure -- Unlawful use of an unmanned aircraft system related to
27 images.
28 (a) As used in this section:
29 (1) "Critical infrastructure" means:
30 (A) An electrical power generation or delivery system;
31 (B) A petroleum refinery;
32 (C) A chemical or rubber manufacturing facility;
33 (D) A petroleum or chemical storage facility;
34 (E) A railroad operating facility;
35 (F) A communication tower or facility or a communications
36 or broadband wireline facility;
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1 (G) A food processing or manufacturing facility; or
2 (H) A correctional or detention facility; and or
3 (I) A natural gas distribution or transmission line,
4 natural gas facility, or natural gas storage;
5 (2)(A) "Image" means a capturing of sound waves, thermal,
6 infrared, ultraviolet, or visible light, or other electromagnetic waves,
7 odor, or other conditions existing on or about real property or an individual
8 located on the real property; and
9 (3)(A) "Unmanned aircraft system" means an unmanned, powered
10 aircraft that:
11 (i) Does not carry a human operator;
12 (ii) Can be autonomous or remotely piloted or
13 operated; and
14 (iii) Can be expendable or recoverable.
15 (B) "Unmanned aircraft system" does not include:
16 (i) A satellite orbiting the earth;
17 (ii) An unmanned aircraft system used by the United
18 States Government or a person who is acting pursuant to contract with the
19 United States Government to conduct surveillance of specific critical
20 infrastructure;
21 (iii) An unmanned aircraft system used by the state
22 after consultation with the Governor or a person who is acting under contract
23 with the state to conduct surveillance of specific critical infrastructure;
24 (iv) An unmanned aircraft system used under a
25 certificate of authorization issued by the operated by a person for a
26 commercial purpose pursuant to and in compliance with Federal Aviation
27 Administration regulations, authorizations, or exemptions; or
28 (v) An unmanned aircraft used by a law enforcement agency, emergency
29 medical service agency, hazardous materials response team, disaster
30 management agency, or other emergency management agency for the purpose of
31 incident command, area reconnaissance, personnel and equipment deployment
32 monitoring, training, or a related purpose.
33 (b) A person commits the offense of unlawful use of an unmanned
34 aircraft system related to critical infrastructure if he or she knowingly
35 uses an unmanned aircraft system to conduct surveillance of, gather evidence
36 or collect information about, or photographically or electronically record
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1 critical infrastructure without the prior written consent of the owner of the
2 critical infrastructure.
3 (c) This Subsection (b) of this section does not prohibit:
4 (1)(A) A person from using an unmanned aircraft system to
5 conduct surveillance of, gather evidence or collect information about, or
6 photographically or electronically record his or her own property that is:
7 (i) Located on his or her own immovable property; or
8 (ii) Located on immovable property owned by another
9 person under a valid lease, servitude, right-of-way, right of use, permit,
10 license, or other right.
11 (B) A third person retained by the owner of the property
12 described in subdivision (c)(1)(A) of this section to conduct activities
13 described in subdivision (c)(1)(A) of this section is not prohibited under
14 this section from using an unmanned aircraft system to conduct the activities
15 described in this subdivision (c)(1); or
16 (2) An insurance company or a person acting on behalf of an
17 insurance company from using an unmanned aircraft system for purposes of
18 underwriting an insurance risk or investigating damage to insured property;
19 (3) A law enforcement officer performing his or her official
20 duties; or
21 (4) The Arkansas Department of Transportation, the State Highway
22 Commission, a city or county department of public works, or a contractor,
23 consultant, employee, or state entity that is a partner of the department,
24 commission, or a city or county department of public works from using an
25 unmanned aircraft system to perform work authorized by the department,
26 commission, or a city or county department of public works.
27 (d) Unlawful use of an unmanned aircraft system related to critical
28 infrastructure is:
29 (1) A Class B misdemeanor; or
30 (2) A Class A misdemeanor for a second or subsequent offense.
31 (e)(1) A person commits the offense of unlawful use of an unmanned
32 aircraft system related to images if the person purposely uses an unmanned
33 aircraft system to capture an image of an individual or private property with
34 the purpose to conduct surveillance on the individual or private property
35 captured in the image.
36 (2) It is a defense to prosecution under subdivision (e)(1) of
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1 this section that the person:
2 (A) Destroyed the image:
3 (i) As soon as the person had knowledge that the
4 image was captured in violation of this section; and
5 (ii) Without disclosing, displaying, or distributing
6 the image to another person;
7 (B) Captured the image lawfully as authorized under � 27-
8 118-101; or
9 (C) Captured the image as a law enforcement officer
10 performing his or her official duties.
11 (f) Unlawful use of an unmanned aircraft system related to images is a
12 Class C misdemeanor.
13
14 SECTION 3. Arkansas Code Title 5, Chapter 60, Subchapter 1, is amended
15 to add an additional section to read as follows:
16 5-60-126. Unlawful possession, disclosure, display, distribution, or
17 use of an image captured by an unmanned aircraft system.
18 (a) A person commits the offense of unlawful possession, disclosure,
19 display, distribution, or use of an image captured by an unmanned aircraft
20 system if the person:
21 (1) Captures an image in violation of � 5-60-103; and
22 (2) Possesses, discloses, displays, distributes, or otherwise
23 uses the image captured in violation of � 5-60-103.
24 (b) Unlawful possession, disclosure, display, distribution, or use of
25 an image captured by an unmanned aircraft system is a:
26 (1) Class C misdemeanor if the person only possessed an image in
27 violation of � 5-60-103; or
28 (2) Class B misdemeanor if otherwise committed.
29 (c) Each image a person possesses, discloses, displays, distributes,
30 or otherwise uses in violation of this section is a separate offense.
31 (d) It is a defense to prosecution under this section that the person:
32 (1) Destroyed the image as soon as the person had knowledge that
33 the image was captured in violation of � 5-60-103 for a charge related to
34 possession;
35 (2) Stopped disclosing, displaying, distributing, or otherwise
36 using the image as soon as the person had knowledge that the image was
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1 captured in violation of � 5-60-103 for a charge related to disclosure,
2 display, distribution, or other use of an image; or
3 (3) Captured the image lawfully as authorized under � 27-118-
4 101.
5
6 SECTION 4. Arkansas Code Title 16, Chapter 118, Subchapter 1, is
7 amended to add an additional section to read as follows:
8 16-118-119. Civil action for damages caused by violation of �� 5-60-
9 103 and 5-60-126 -- Definition.
10 (a) As used in this section, "malice" means a specific intent by a
11 person to cause substantial injury or harm to an owner or tenant of private
12 real property.
13 (b) An owner or tenant of private real property may bring an action
14 against a person who, in violation of � 5-60-103, captured an image of the
15 private real property or the owner or tenant of the private real property
16 while on the private real property, with a reasonable expectation of privacy
17 to:
18 (1) Enjoin a violation or imminent violation of � 5-60-103 or �
19 5-60-126;
20 (2) Recover a civil damage of:
21 (A) Five thousand dollars ($5,000) for all images captured
22 in a single episode in violation of � 5-60-103; or
23 (B) Ten thousand dollars ($10,000) for disclosure,
24 display, distribution, or other use of an image captured in a single episode
25 in violation of � 5-60-126; or
26 (3) Recover actual damages if the person who captured the image
27 in violation of � 5-60-103 discloses, displays, or distributes the image with
28 malice.
29 (c) For purposes of recovering the civil damages or actual damages
30 under subsection (b) of this section:
31 (1) All owners of a parcel of real property are considered to be
32 a single owner; and
33 (2) All tenants of a parcel of real property are considered to
34 be a single tenant.
35 (d) In addition to the civil damages and actual damages authorized
36 under this section, the court shall award court costs and reasonable
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1 attorney's fees to the prevailing party in an action under this section.
2 (e) An action brought under this section shall be commenced within two
3 (2) years from the date the image was:
4 (1) Captured in violation of � 5-60-103; or
5 (2) Initially disclosed, displayed, distributed, or otherwise
6 used in violation of � 5-60-126.
7
8 SECTION 5. Arkansas Code Title 27, Subtitle 8, is amended to add an
9 additional chapter to read as follows:
10 CHAPTER 118
11 UNMANNED AIRCRAFT SYSTEMS
12
13 27-118-101. Use of unmanned aircraft system to capture image.
14 (a) As used in this section, "unmanned aircraft system" means the same
15 as defined in � 5-60-103.
16 (b) It is lawful to capture an image using an unmanned aircraft system
17 in this state:
18 (1) For the purposes of professional research, scholarly
19 research and development, educational, agricultural, or athletic purposes,
20 gathering data for modeling, or the collection of data to further a body of
21 knowledge by a person acting on behalf of an institution of higher education
22 or the Arkansas State Game and Fish Commission, including without limitation
23 a person who is:
24 (A) A professor, an employee, or a student of the
25 institution of higher education;
26 (B) Under contract with or otherwise acting under the
27 direction of or on behalf of the institution of higher education; or
28 (C) A biologist of the Arkansas State Game and Fish
29 Commission;
30 (2) In airspace designated as a test site or range authorized by
31 the Federal Aviation Administration for the purpose of integrating unmanned
32 aircraft systems into the national airspace;
33 (3) As part of an operation, exercise, or mission of the United
34 States Armed Forces;
35 (4) If the image is captured by a satellite for the purposes of
36 mapping;
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1 (5) If the image is captured by or for an electric utility,
2 natural gas utility, or water and wastewater utility:
3 (A) For operations and maintenance of utility facilities
4 for the purpose of maintaining utility system reliability and integrity;
5 (B) For inspecting utility facilities to determine repair,
6 maintenance, or replacement needs during and after construction of the
7 facilities;
8 (C) For assessing vegetation growth for the purpose of
9 maintaining clearances on utility easements; and
10 (D) For utility facility routing and siting for the
11 purpose of providing utility service;
12 (6) With the consent of the individual who owns or lawfully
13 occupies the real property captured in the image;
14 (7) Pursuant to a valid search warrant executed by the
15 following:
16 (A) The Arkansas State Game and Fish Commission;
17 (B) A Division of Arkansas State Police officer;
18 (C) A sheriff;
19 (D) The Arkansas Highway Police Division of the Arkansas
20 Department of Transportation; or
21 (E) A city or county law enforcement officer;
22 (8) If the image is captured by a law enforcement agency or a
23 person who is under contract with or otherwise acting under the direction of
24 or on behalf of a law enforcement agency:
25 (A) In immediate pursuit of a person that law enforcement
26 officers have reasonable suspicion or probable cause to suspect has committed
27 an offense;
28 (B) For the purpose of investigating a crime scene or
29 documenting a crime scene where an offense has been committed;
30 (C) For the purpose of investigating the scene of a:
31 (i) Human fatality;
32 (ii) Motor vehicle accident, boating accident, or
33 hunting accident causing death or serious bodily injury to a person;
34 (iii) Motor vehicle accident on a state highway or
35 federal interstate or highway; or
36 (iv) Boating accident on public waters of this
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1 state;
2 (D) In connection with the search for a missing person;
3 (E) For the purpose of conducting a high-risk tactical
4 operation that poses a threat to human life;
5 (F) Of private property that is generally open to the
6 public where the property owner consents to law enforcement public safety
7 activities; or
8 (G) For the purpose of conducting a search and rescue
9 operation;
10 (9) If the image is captured by a state or local law enforcement
11 agency, or a person who is under contract with or otherwise acting under the
12 direction of or on behalf of a state or local law enforcement agency for the
13 purpose of:
14 (A) Surveying the scene of a catastrophe or other damage
15 to determine whether a state of emergency should be declared;
16 (B) Preserving public safety, protecting property, or
17 surveying damage or contamination during a lawfully declared state of
18 emergency; or
19 (C) Conducting routine air quality sampling and
20 monitoring, as provided by state or local law;
21 (10) At the scene of a spill, or a suspected spill, of hazardous
22 materials;
23 (11) For the purpose of fire suppression;
24 (12) For the purpose of rescuing a person whose life or well-
25 being is in imminent danger;
26 (13) If the image is captured by an Arkansas-licensed real
27 estate broker in connection with the marketing, sale, or financing of real
28 property, provided that no individual is identifiable in the image;
29 (14) From a height no more than eight feet (8') above ground
30 level in a public place, if the image was captured without using any
31 electronic, mechanical, or other means to amplify the image beyond normal
32 human perception;
33 (15) Of public real property or property of a state-supported
34 institute of higher education or a person on the public real property or
35 property of a state-supported institute of higher education;
36 (16) If the image is captured:
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1 (A) By the owner or operator of an oil, gas, water, or
2 other pipeline for the purpose of inspecting, maintaining, or repairing
3 pipelines or other related facilities; and
4 (B) Without the intent to conduct surveillance on an
5 individual or real property;
6 (17) In connection with oil pipeline safety and rig protection;
7 (18) In connection with port authority surveillance and
8 security;
9 (19) By an assessor with the consent of the owner of the
10 property;
11 (20) By a surveyor within the Department of Transformation and
12 Shared Services for mapping and land surveying tasks;
13 (21) If the image is captured by an employee, consultant,
14 contractor, or other person acting on behalf of the Arkansas Department of
15 Transportation, State Highway Commission, Arkansas Highway Police Division of
16 the Arkansas Department of Transportation, or a city or county department of
17 public works;
18 (22) If the image is captured by an employee of an insurance
19 company or an affiliate of an insurance company in connection with the
20 underwriting of an insurance policy, or the rating or adjusting of an
21 insurance claim, regarding real property or a structure on real property;
22 (23) By an engineer or surveyor licensed in the State of
23 Arkansas for the purpose of:
24 (A) Mapping and land surveying tasks;
25 (B) Collecting geographical information system data
26 supporting public or private infrastructure;
27 (24) For the operation by or on behalf of an owner or operator
28 of a critical infrastructure facility for the purpose of siting, deploying,
29 inspecting, monitoring, operating, or maintaining the facility; or
30 (25) If the image is captured by the Arkansas State Game and
31 Fish Commission while conducting fish, wildlife, or habitat surveys or if
32 reasonable suspicion exists that a violation of an Arkansas State Game and
33 Fish Commission regulation has occurred or is about to occur.
34 (c) This section does not apply to the manufacture, assembly,
35 distribution, or sale of an unmanned aircraft.
36
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10 03-11-2025 10:23:39 CRH060Every fact on this page links to its source, starting with the official bill record.