The rise of drone delivery services by major companies like Amazon, Google, and Walmart has brought about a new phenomenon in this modern era – drones being shot down. While these incidents are still rare, a recent case in Florida where a man allegedly shot down a Walmart drone raises questions about the legal ramifications of such actions and whether the consequences could escalate if they become more common.
In the Florida incident, Walmart was conducting delivery demonstrations in Clermont, Florida, when a loud sound was heard while the drone was descending. The suspect, Dennis Winn, allegedly admitted to shooting down the drone. He claimed that he had previous experiences with drones flying over and around his home, leading him to believe that they may be spying on him.
Winn was charged with discharging a firearm and “criminal mischief” resulting in damage of over $1,000. Walmart claims that the total damage amounted to around $2,500, mainly involving the drone’s payload system.
As the United States has more guns than people, it is likely that more drones will be shot down. However, the consequences of such actions are still unclear as there haven’t been any high-profile cases with maximum penalties yet. This could change in the future as more multi-billion-dollar corporations invest in drone delivery services. At this stage, the cost of drones is still high due to years of research and development costs and limited scalability.
For example, in 2022, Amazon was estimated to spend $484 for every delivery made by a Prime Air drone. The price has since come down, but it still remains nearly 20 times the average cost of ground delivery. Additionally, drone deliveries haven’t scaled as quickly as Amazon had hoped, with Prime Air only available in one location and more locations planned for the future.
While consumer drones have been in use for over a decade, the legal ramifications of shooting down drones have not been entirely clear. The Federal Aviation Administration (FAA) provided some guidance after a drone shooting incident in Arkansas in 2016. The FAA pointed interested parties to 18 U.S.C. 32, a law focused on the wanton destruction of any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used in interstate, overseas, or foreign air commerce.
Although the law primarily focuses on manned aircraft, the FAA asserts that it can also include unmanned aerial vehicles (UAVs) like drones. This means that the penalties for shooting down a drone could be as severe as those for shooting down a manned aircraft. However, there is no rigid rule to predict whether federal charges will be introduced in cases involving property damage rather than bodily harm.
In a 2020 incident in Minnesota, the suspect faced felony charges related to criminal damage and discharging a weapon within city limits. These charges would likely apply in most cases involving property damage, regardless of whether it involves a drone or not. In most cases, the federal government has deferred to state law for enforcement. If there are human crew or passengers involved, there could be additional potential charges, such as murder, depending on the circumstances.
As drone delivery services continue to expand in the United States, the role of federal legislation like 18 U.S.C. 32 in UAV shootings may become clearer. If federal charges are introduced, the penalties, including fines and up to 20 years in prison, could further compound the consequences. It is evident that the consequences of shooting down a drone, whether it is prosecuted under state or federal law, can be severe.
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