Tennessee has built one of the more detailed state-level drone law frameworks in the country. The UAS surveillance statutes (TCA 39-13-901 through 905) specifically target image capture, critical infrastructure, events, and hunting. Here's what makes Tennessee different.
| Restriction | Statute | Penalty |
|---|
| Unlawful drone surveillance (capturing images without consent) | TCA 39-13-903 | Class C misdemeanor: $50 fine, 30 days jail. Each image = separate offense. |
| Distributing unlawfully captured drone images | TCA 39-13-903 | Class B misdemeanor: $500 fine, 6 months jail |
| Flying within 250 ft of critical infrastructure | TCA 39-13-905 | Class E felony: 1-6 years prison, $3,000 fine |
| Surveilling hunters or fishers without consent | TCA 39-13-903(c) | Class C misdemeanor: $50 fine, 30 days jail |
| Flying over open-air events (100+ attendees) without consent | TCA 39-13-903(d) | Class C misdemeanor: $50 fine, 30 days jail |
| Flying in fireworks area during an event | TCA 39-13-903(e) | Class C misdemeanor: $50 fine, 30 days jail |
The per-image offense model
TCA 39-13-903 is the statute that sets Tennessee apart from nearly every other state. It makes each unlawfully captured image a separate criminal offense. A single flight where you take 50 surveillance photos could result in 50 individual misdemeanor charges. The $50 fine per image sounds modest until you multiply it across a memory card full of photos.
The surveillance statute applies when you use a drone to capture images of a person on private property without their consent, where the person has a reasonable expectation of privacy. It does not apply to every flight over private land. Flying over an empty field without a camera running would not trigger the statute.
Warning: Distributing unlawfully captured images escalates the charge from Class C to Class B misdemeanor. That raises the penalty from $50 to $500 per offense, plus up to 6 months in jail. Posting drone surveillance footage on social media could compound your charges significantly.
The 15+ lawful exceptions
TCA 39-13-902 lists more than 15 exceptions where drone image capture is lawful. These include higher education research, military operations, law enforcement with proper authorization, utility infrastructure inspection, real estate photography, mapping and surveying, and several more. If your use falls within one of these categories, the surveillance statutes do not apply.
Critical infrastructure felony
TCA 39-13-905 makes it a Class E felony to operate a drone within 250 feet of critical infrastructure. This includes power plants, water treatment facilities, oil refineries, and similar sites. A Class E felony in Tennessee carries 1 to 6 years in prison and a fine up to $3,000. This is the most severe drone-specific penalty in Tennessee and one of the harshest in the country.
Freedom from Unwarranted Surveillance Act
TCA 39-13-609 restricts law enforcement use of drones. Police in Tennessee generally need a warrant to conduct drone surveillance, with limited exceptions for emergencies, search and rescue, and border security. This means police drone overflights of your property without a warrant are restricted, giving Tennessee residents some protection that doesn't exist in every state.
For more on privacy law, see our drone spying laws guide and flying over private property guide.