West Virginia Code Chapter 61. Crimes and Their Punishment § 61-16-2. Prohibited use of an unmanned aerial vehicle; criminal penalties

(a) Except as authorized by the provisions of this article, it is unlawful for any person to operate an unmanned aerial vehicle:

(b) It is unlawful for any person to operate an unmanned aerial vehicle over the property of a targeted facility to:

(c) Nothing in this section prohibits a person from operating an unmanned aerial vehicle to conduct surveillance of, gather evidence and information about, or photographically or electronically record the person’s own property or immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right: Provided, That nothing in this section prohibits third persons retained by the owner of immovable property from operating an unmanned aerial vehicle over, or to otherwise conduct surveillance of, gather evidence and information about, or to photographically or electronically record the property: Provided, however, That nothing in this section prohibits a person from operating an unmanned aerial vehicle in connection with production of a motion picture, television program, or similar production if the operation of the unmanned aerial vehicle is authorized by the property owner.

(d) The provisions of this section do not apply to a law-enforcement agency acting in compliance with the provisions of this article: Provided, That a law enforcement agency’s operation of an unmanned aerial vehicle for the purpose of surveillance, investigation into crime, or any other purpose related to the enforcement of the criminal laws of this state or those of the United States shall be in accordance with the Fourth Amendment to the United States Constitution and Article III, § 6 of the constitution of this state.

(e) The provisions of this section do not apply to a news organization using a camera-carrying unmanned aerial vehicle at altitudes greater than 400 feet over private property for legitimate newsgathering purposes.

(f) Any person violating the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail for not more than one year, or both fined and confined.

(g) Any person who equips an unmanned aerial vehicle with any deadly weapon or operates any unmanned aerial vehicle equipped with any deadly weapon, other than for military purposes in an official capacity, is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(h) Any person who operates an unmanned aerial vehicle with the intent to cause damage to or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 imprisoned for not less than one nor more than five years, or both fined and imprisoned.

(i) A person that is authorized by the Federal Aviation Administration to operate unmanned aerial vehicles for commercial purposes may operate an unmanned aerial vehicle in this state for such purposes if the unmanned aerial vehicle is operated in a manner consistent with federal law.