29-29.4-05. Prohibited use - Exceptions

29-29.4-05. Prohibited use - Exceptions 1. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle armed with any lethal weapons. 2. This chapter prohibits any use of an unmanned aerial vehicle or robot for: a. Domestic use in private surveillance. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle or robot to permit any private person to conduct surveillance on any other private person without the express, informed consent of that other person or the owner of any real property on which that other private person is present. b. Surveillance of the lawful exercise of constitutional rights, unless the surveillance is otherwise allowed under this chapter. 3. A law enforcement agency may not authorize the use of a robot to deploy a lethal weapon, unless the weapon is controlled remotely, cannot be activated autonomously, and is used to: a. Neutralize an inanimate object at risk of exploding or causing an immediate threat to public safety or property; or b. Prevent an imminent and substantial risk of serious bodily injury or death to a law enforcement officer or another individual, in a circumstance where the use of lethal force by an officer would be legally justified. 4. A law enforcement agency may not authorize the use of an unmanned aerial vehicle or robot to deploy a less than lethal weapon, unless the weapon is controlled remotely and cannot be activated autonomously. 5. A law enforcement agency, before authorizing any use of force, shall adopt a policy on the use of force by an unmanned aerial vehicle or robot, which includes the individuals with authority to authorize the use of force by an unmanned aerial vehicle or robot.