Arkansas Drone Laws (2026): State Rules, Local Ordinances & FAA

Prohibits using a drone to conduct surveillance, gather evidence, or collect information about critical infrastructure without prior written consent of the owner. Also prohibits purposely using a drone to capture images of a person or private property with the intent to conduct surveillance on that person or property, where a reasonable expectation of privacy exists. Critical infrastructure includes electrical power systems, petroleum facilities, chemical plants, railroads, communications towers, food processing facilities, correctional facilities, and natural gas facilities. First offense for critical infrastructure is Class B misdemeanor; second or subsequent is Class A misdemeanor. Image-surveillance offense is Class C misdemeanor. Lawful carve-outs exist for commercial operations complying with FAA rules, law enforcement, and certain authorized government inspections.

Makes it unlawful to possess, disclose, display, distribute, or otherwise use images captured in violation of § 5-60-103. Possession of an unlawfully captured image is a Class C misdemeanor. Disclosure, display, or distribution is a Class B misdemeanor. Each image constitutes a separate violation. Defenses include promptly destroying the image without sharing it or having captured it in a lawful manner under § 27-118-101.

Provides a civil remedy for property owners or tenants whose property or person was captured by a drone in violation of § 5-60-103, where they had a reasonable expectation of privacy. Allows recovery of statutory damages: $5,000 for all images captured in a single episode, or $10,000 if the images were disclosed or distributed. The property owner is entitled to court costs and attorney's fees. Claims must be filed within 2 years of capture or distribution. If the defendant disclosed the images with malice, the owner may pursue actual damages in addition to statutory damages.

Establishes 25 categories of lawful drone uses that are exempt from the image-surveillance offense in § 5-60-103(e). Includes agricultural and research use, utility and pipeline inspection, licensed real estate photography (without identifiable persons), surveying and engineering, insurance claims, law enforcement operations, emergency response, academic research, and images taken from no more than eight feet above ground in public places without magnification. These exemptions protect most commercial drone operations from privacy liability.

Prohibits using an unmanned vehicle or aircraft (by explicit name) or concealed recording equipment to secretly record another person for the purpose of viewing any part of the body where the person has a reasonable expectation of privacy, without consent. The drone subsection is a Class B misdemeanor, rising to a Class A misdemeanor if the image is distributed, posted online, or the person has a prior conviction.

Prohibits looking into a dwelling or private place inside a public accommodation through the use of an unmanned vehicle or aircraft (by explicit name), for sexual gratification. Penalties range from Class A misdemeanor to Class C felony depending on the victim and circumstances.

Prohibits a person required to register under the Sex Offender Registration Act of 1997 who has been assessed as a Level 3 or Level 4 offender from knowingly purchasing, owning, possessing, using, or operating an unmanned aircraft, unless required as part of employment.

Prohibits hunting, driving, herding, or harassing wildlife from or with an aircraft, including unmanned aircraft. The Arkansas Game and Fish Commission applies this rule to drones and classifies violations as Class 2 AGFC violations. Carve-out exists for AGFC biologists conducting authorized fish, wildlife, and habitat surveys or investigating suspected violations.

Prohibits drone operation in any of Arkansas's 52 state parks unless the operator obtains a Special Use Permit from the State Parks Director. To apply, operators must submit proof of FAA registration and proof of liability insurance to parks.info@arkansas.gov. Permits are issued per-visit, not as blanket authorizations.

Prohibits Arkansas state agencies from purchasing drones manufactured or assembled by covered foreign entities (primarily China and Russia, targeting DJI). Requires state agencies to phase out existing foreign-made drones by May 1, 2027. No criminal penalty for private or commercial operators. This rule does not restrict private pilots or commercial Part 107 operators from flying DJI drones.