2-03-10. Reckless operation - Operation while intoxicated - Tampering with aircraft - Misdemeanors - Penalties

2-03-10. Reckless operation - Operation while intoxicated - Tampering with aircraft - Misdemeanors - Penalties. 1. Any person who operates any aircraft within the airspace over, above, and upon the lands and waters of this state, carelessly and heedlessly in willful disregard of the rights or safety of others, or without due caution and circumspection in a manner so as to endanger or be likely to endanger any person or property, is guilty of a class A misdemeanor. 2. Whoever operates any aircraft in this state on land, water, or in the air while in an intoxicated condition or while under the influence of alcoholic beverages or any controlled substance, is guilty of a class A misdemeanor. 3. No person may act as a crew member of any aircraft or start an engine of any aircraft within eight hours after the consumption of any alcoholic beverage or while using any controlled substance that affects that person's faculties in any way contrary to safety. Anyone violating the provisions of this subsection is guilty of a class A misdemeanor. 4. No person may, without express or implied authority of the owner, operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or contents therefrom, or otherwise tamper with any civil aircraft within this state with intent to injure the same or cause inconvenience to the owner or operator thereof, or knowingly cause or permit the same to be done. Any person who violates any of the provisions of this subsection is guilty of a class B misdemeanor.