A. A person commits an offense if the person uses an unmanned aircraft to photograph, film, audiotape, or otherwise record an individual or individuals acting on private property without the expressed, written consent of the property owner and the individuals included in the recording. An offense under this section is a class 1 misdemeanor.
B. It is a defense to prosecution under this section that the person did not purposely intend to record the alleged victim and destroyed all photographs, films, audiotapes, and other records:
1. As soon as the person had knowledge that the image was captured in violation of this section;
2. Without disclosing, displaying, or distributing the image to a third party;
3. The recordings did not include children, sexual acts or nudity.
C. It is a separate class 1 misdemeanor offense if that person or that person's agent discloses, displays, distributes, sells, or otherwise uses that image. Each image, video or audio recording a person discloses, displays, distributes, or sells under this section is a separate offense.
D. A plaintiff who was the target of the surveillance, monitoring or collection may use the evidence to support a civil or statutory claim against the person found guilty of violating this chapter. (Ord. 2015-03, 7-14-2015)