
Wisconsin has five state-level drone statutes that matter, all enacted in 2013 or 2016. The state was ahead of the curve, and the result is a legal framework that is more complete than most states. Here is what you need to know.
| Restriction | Statute | Penalty |
|---|
| Drone privacy invasion | Wis. Stat. 942.10 | Class A misdemeanor: up to $10,000 fine, 9 months jail |
| Law enforcement drone use without warrant | Wis. Stat. 175.55 | Evidence inadmissible |
| Weaponized drone possession | Wis. Stat. 941.292 | Class H felony: up to 6 years prison, $10,000 fine |
| Drone over correctional institution | Wis. Stat. 114.045 | Forfeit up to $5,000 + evidence seizure |
| Interference with hunting/fishing/trapping | Wis. Stat. 29.083 | Civil damages including punitive damages |
The privacy statute: Statute 942.10
This is Wisconsin's signature drone law. If you use a drone to photograph, record, or observe another person in a place where they have a reasonable expectation of privacy, you are committing a Class A misdemeanor. The fine can reach $10,000 and you face up to nine months in jail.
The key phrase is "reasonable expectation of privacy." Flying over a public park and capturing someone on camera is fine. Hovering outside a bedroom window with a zoom lens is a crime. The statute does not define every scenario, but courts generally apply the same privacy tests used for other surveillance cases: enclosed backyards, bathrooms, bedrooms, and similar spaces where people expect not to be watched.
The law specifically exempts law enforcement officers authorized to use drones under Statute 175.55, which has its own warrant requirement.
Warning: Wisconsin's drone privacy law applies to intent. If you can prove you were photographing a landscape and a person happened to be in the frame, you are likely fine. But if a prosecutor can show you specifically targeted an individual in a private setting, the Class A misdemeanor charge is on the table. The $10,000 fine and nine months of jail time are not theoretical.
The warrant requirement: Statute 175.55
Wisconsin is one of a small number of states that require police to obtain a search warrant before using a drone for surveillance in areas where people have a reasonable expectation of privacy. This statute was enacted alongside the civilian privacy law in 2013, and it reflects a deliberate legislative choice to restrict both private and government drone surveillance simultaneously.
The exceptions are practical: search and rescue, locating escaped prisoners, executing arrest warrants, and preventing imminent danger or destruction of evidence. But routine code enforcement, traffic monitoring, or investigative fishing without a warrant is off limits. Any evidence gathered in violation of this statute is inadmissible in court.
Weaponized drones: Statute 941.292
Possessing or operating a weaponized drone in Wisconsin is a Class H felony. Not a misdemeanor. A felony. That means up to six years in prison and $10,000 in fines. The conviction stays on your record for life. The only exemption is for U.S. armed forces or National Guard members acting in their official capacity.
A "weaponized drone" includes any drone equipped with a weapon or designed to carry one. Wisconsin does not require that the weapon actually be fired or used. Mere possession of the weaponized drone is enough for the felony charge.
Correctional facilities: Statute 114.045
Flying a drone over any correctional institution (state or county) without authorization is prohibited. The financial penalty is a forfeit of up to $5,000. But there is an additional consequence that makes this statute unusual: law enforcement investigating a violation must seize all photographs, video, and data recorded by the drone during the flight and transfer it to the Department of Corrections. Your drone footage becomes state property.
Authorization can be granted by the Secretary of Corrections for state facilities or the county sheriff for county jails. Without that written authorization, do not fly near prisons.
Real enforcement: Milwaukee PD drone program
Milwaukee Police Department expanded its drone program in January 2026 with remote deployment capabilities, making it one of only about 50 law enforcement agencies in the country with this technology. The department uses drones for suspect tracking, search operations, and emergency response. In western Wisconsin, state troopers used a drone and K9 unit to locate and arrest a suspect who fled a high-speed pursuit on I-90/94. The drone team found the suspect hiding in a ditch on I-94 after he abandoned his vehicle.
In one of the more unusual cases, Stoughton police used trail cameras and then a drone in February 2026 to identify a 46-year-old man who had been repeatedly defecating in a public park. The suspect was cited for indecent conduct. The case is minor, but it shows how drone evidence is being used for enforcement even in low-level investigations.
Pending legislation: SB766 and AB629
Two bills introduced in the 2025-2026 legislative session could expand Wisconsin's drone restrictions. SB766 would extend the correctional facility drone ban to cover water reclamation and utility facilities, with the same $5,000 forfeiture penalty. AB629 would grant police authority to disable drones that threaten public safety. As of March 2026, neither bill has passed, but AB629 was engrossed in February 2026, which means it has advanced through committee.
For more on privacy law, see our drone spying laws guide and flying over private property guide.