Hawaii has enacted three drone-specific statutes that carry some of the harshest penalties of any state. Two target privacy violations, and one regulates drone fishing. All three went into effect under Act 58 (2023) or earlier legislation.
| Restriction | Statute | Penalty |
|---|
| Drone trespass within 50 ft of dwelling to harass or intimidate | HRS 711-1114 | Misdemeanor: up to $2,000 fine + 1 year jail |
| Recording people in private settings with a drone | HRS 711-1110.9 | Class C felony: up to $10,000 fine + 5 years prison |
| Drone fishing without DLNR permit | HRS 199-9 | Citation + fine (permit costs $100/year) |
| Flying in state parks | DLNR Admin Rules | Citation + drone confiscation |
| Launching/landing on Honolulu city property without authorization | Honolulu city ordinance | Citation + fine |
The felony recording statute (HRS 711-1110.9)
This is the statute that separates Hawaii from most other states. Recording someone in a private setting with a drone, where they have a reasonable expectation of privacy, is a Class C felony. Not a misdemeanor. Not a citation. A felony conviction carrying up to five years in prison and a $10,000 fine.
The practical threshold is lower than you might expect. Flying a camera drone over someone's fenced backyard while they're sunbathing could trigger this statute. Hawaii courts have interpreted "private setting" broadly, and the fact that a drone camera was involved makes prosecution easier since the recording itself serves as evidence.
UAS trespass (HRS 711-1114)
Enacted under Act 58 in 2023, this statute makes it a misdemeanor to operate a drone within 50 feet of a dwelling with intent to harass, intimidate, or surveil after receiving notice to stop. The "after notice" element is key. If someone tells you to stop flying near their home and you continue, this statute applies. Penalties include up to $2,000 in fines and one year in jail.
Drone fishing permits (HRS 199-9)
Hawaii's Department of Land and Natural Resources (DLNR) regulates drone fishing through a permit system. Using a drone to drop bait, carry fishing line, or assist in fishing requires a $100 annual permit from DLNR. Operating without one is a violation under HRS 199-9. This is a relatively new program, and enforcement is active on popular shoreline fishing spots.
Warning: Hawaii is one of the few states where a drone privacy violation can result in a felony conviction. HRS 711-1110.9 carries the same classification as theft in the second degree or assault in the third degree. A conviction creates a permanent criminal record.
The Travis Sanders case: enforcement is real
In April 2015, Travis Sanders flew a micro drone over the Halema'uma'u Crater lava lake at Hawaii Volcanoes National Park. A ranger ordered him to stop. Sanders fled toward the caldera edge. The ranger used a taser to stop him. Sanders was convicted after a two-day non-jury trial in Hilo in February 2016. He received a $1,000 fine and a one-year ban from the park.
This case illustrates how seriously Hawaiian authorities take drone enforcement, especially in protected areas. National parks are federal land, so NPS rangers enforce the rules directly.
For more on privacy law, see our drone spying laws guide and flying over private property guide.
