New Hampshire May Make Aerial Photos of Homes Illegal

Tahoe Keys Aerial Sunrise - Copyright Carolyn E. Wright

New Hampshire is considering HB-619-FN, which seeks to prohibit images of a person’s residence to be taken from the air. The bill states, in part:

A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground. This prohibition shall not apply where the image does not reveal forms identifiable as human beings or man-made objects. 

Many courts have held that it’s not illegal to photograph a residence, such as the case in California and South Carolina and the issue has been addressed by other lawyers here and here. Usually the issue is whether the photograph invades the privacy of a person, which is difficult to do from the air, but is already addressed by case law.

A hearing on the proposed N.H. bill will be held on Tuesday, February 19 at 2:30 pm in the Legislative Office Building (located behind the statehouse in Concord, N.H.) in Room 204. The NHDOT will be testifying against this bill. You may contact the chair, Laura Pantelakos, at HouseCriminalJusticeandPublicSafety@leg.state.nh.us or (603)436-2148 for more information.

HT: Bill Hemmel at www.lakesregionaerials.com

 

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