Weapon attached to unmanned aircraft -- Penalties.
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(1) As used in this section "weapon" means:
(a) a firearm as described in Section 76-10-501; or
(b) an object that in the manner of the object's use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors:
(i) the location and circumstances in which the object is used or possessed;
(ii) the primary purpose for which the object is made;
(iii) the character of the damage, if any, the object is likely to cause;
(iv) the manner in which the object is used;
(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
(vi) the lawful purposes for which the object may be used.
(2)
(a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft that carries a weapon or to which a weapon is attached.
(b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.
(3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon is attached if the person:
(a)
(i) obtains a certificate of authorization, or other written approval, from the Federal Aviation Administration authorizing the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the certificate of authorization or other written approval;
(b)
(i) obtains a contract with the state or the federal government permitting the person to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the contract; or
(c) operates the unmanned aircraft that carries the weapon or to which the weapon is attached in airspace controlled by the United States Department of Defense, with the permission of the United States Department of Defense.