Ohio's HB 77 (effective April 9, 2025) created ORC sections 4561.50 through 4561.53. The law is narrower than many states because of its strong intent requirements, but the penalties for intentional violations are serious.
| Statute | What It Covers | Penalty |
|---|
| ORC 4561.51(A) | Careless or reckless operation of a drone | 4th-degree misdemeanor |
| ORC 4561.51(B) (reckless) | Interfering with emergency services (reckless) | 4th-degree misdemeanor |
| ORC 4561.51(B) (knowing, 1st) | Interfering with emergency services (knowing, first offense) | 1st-degree misdemeanor |
| ORC 4561.51(B) (knowing, repeat) | Interfering with emergency services (knowing, subsequent offense) | 5th-degree felony |
| ORC 4561.51(C)(1) | Critical infrastructure (intent to further another crime) | 1st-degree misdemeanor to 3rd-degree felony |
| ORC 4561.51(C)(2) | Critical infrastructure (intent to destroy or tamper) | Ranges by severity |
| ORC 4561.53 | Local government authority to regulate drones on their own property | Varies by locality |
Critical Infrastructure: What Counts and What Doesn't
HB 77's critical infrastructure list is broad: railroads, TV/radio transmission facilities, courthouses, police stations, hospitals, jails, military installations, power plants, water treatment facilities, and more. But the law has a built-in safeguard that most competitors miss when covering Ohio.
The flight itself is not illegal. You must be flying "with purpose to further another criminal offense" under ORC 4561.51(C)(1) or "with purpose to destroy or tamper" under (C)(2). Taking a photo of a courthouse from the air while flying recreationally is not a crime. Taking that same photo to plan a break-in is. The intent element is what triggers the felony, not the location alone.
Warning: Even though the intent requirement provides a safeguard, flying near critical infrastructure is still a bad idea. If questioned by law enforcement, you'll need to explain your purpose, and the burden shifts to you practically, even if legally the prosecution must prove intent. Avoid these locations unless you have a clear, documented business reason.
Ohio Prison Drone Smuggling Case (2021-2023)
Between 2021 and 2023, Robert Faulkner (33, Columbus), Cory Sutphin (28, Grove City), and Charles Gibbs (33, Sandusky) used drones to deliver drugs, weapons, cell phones, and other contraband into at least five Ohio prisons, including Toledo Correctional Institution and Mansfield Correctional Institution. They faced 116 combined felony charges. Law enforcement seized $319,820 in drugs, weapons, and contraband from Faulkner's residence alone. Gibbs was sentenced to 10 years, Sutphin to approximately 5 years. This case is a clear example of the kind of criminal drone use that ORC 4561.51(C) now targets.
Wright-Patterson AFB Drone Incident (December 2024)
In December 2024, mysterious drone sightings around Wright-Patterson Air Force Base near Dayton forced base officials to shut down the airspace for approximately four hours overnight. Wright-Patterson is one of the largest Air Force bases in the world, home to the Air Force Research Laboratory and the National Museum of the US Air Force. The incident came during a broader wave of unexplained drone sightings across the northeastern United States and underscored why Ohio legislators moved to pass HB 77 with criminal penalties for reckless drone operations.
Local Government Authority
ORC 4561.53 allows local regulation in exactly two narrow situations: (a) hobby or recreational drone use above a park or other public property the local government owns, and (b) the local government's own drone operations. All other drone regulation is preempted. This means Columbus can ban recreational drones in city parks, and Cleveland can set rules for how its own agencies operate drones. But no city or county can pass a general drone ordinance governing flights over private property or in general airspace. The scope is deliberately narrow.
Note: Ohio currently has no drone-specific privacy statute. Proposed HB 450 would create criminal penalties for drone voyeurism and trespass, with penalties ranging from misdemeanors to 5th-degree felony (for minor victims) and 3rd-degree felony (for aggravated trespass near critical infrastructure). As of March 2026, this bill has not been enacted.
