18 USC § 40A - Operation of unauthorized unmanned aircraft over wildfires

---
identifier: "/us/usc/t18/s40A"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 40A - Operation of unauthorized unmanned aircraft over wildfires"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "40A"
section_name: "Operation of unauthorized unmanned aircraft over wildfires"
chapter_number: 2
chapter_name: "AIRCRAFT AND MOTOR VEHICLES"
part_number: "I"
part_name: "CRIMES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 115–254, div. B, title III, § 382(a), Oct. 5, 2018, 132 Stat. 3320.)"
---


# § 40A. Operation of unauthorized unmanned aircraft over wildfires

**1** **In General.—** Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts [^1] related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.

So in original. Probably should be “effort”.

**(b)** **Exceptions.—** This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.

**(c)** **Definitions.—** In this section, the following definitions apply:

**(1)** **Unmanned aircraft.—** The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.

**(2)** **Wildfire.—** The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).

**(3)** **Wildfire suppression.—** The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.

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**Source Credit**: (Added Pub. L. 115–254, div. B, title III, § 382(a), Oct. 5, 2018, 132 Stat. 3320.)