In Texas, flying a drone over a prison or jail is a crime. Under the Texas drone law over prisons and detention centers — Penal Code Section 38.115, effective September 1, 2023 — intentionally or knowingly operating an unmanned aircraft below 400 feet above a correctional or detention facility is at minimum a Class B misdemeanor, climbs to a Class A misdemeanor on a repeat, and becomes a state jail felony if the drone is used to deliver contraband.1LegiScan. Texas HB 3075 – 88th Legislature2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility
What Triggers the Offense
Section 38.115 reaches three kinds of conduct. A person violates it by intentionally or knowingly operating a drone below 400 feet above ground level over a covered facility, by allowing the drone to make physical contact with the facility or any person or object on its grounds, or by flying close enough to interfere with or disturb the facility’s operations.2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility
The 400-foot ceiling is the key threshold. Below it, the offense applies regardless of what the operator intended. You don’t have to be smuggling anything. Aerial footage is enough. The statute only requires that the person acted intentionally or knowingly in flying over the facility. A flight at 401 feet does not trigger this offense on its own, though it could still violate FAA rules or other Texas laws.
Which Facilities Are Covered
The protected list is broad. “Correctional facility” includes any confinement facility operated by or under contract with the Texas Department of Criminal Justice, any municipal or county jail, any facility operated by or under contract with the Federal Bureau of Prisons, and secure juvenile correctional or detention facilities as defined by the Family Code. “Detention facility” separately covers any facility operated by or under contract with U.S. Immigration and Customs Enforcement for holding people in removal proceedings.2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility
A small-town county jail gets the same protection as a major TDCJ unit. Federal prisons in Texas are included. Privately operated facilities holding detainees under contract with any of these agencies are included. If you aren’t sure whether the building below qualifies, assume any fenced facility with uniformed staff is covered.
Penalties by Tier
The statute scales the punishment with the conduct:
- A first offense with no contraband is a Class B misdemeanor, carrying up to 180 days in jail, a fine of up to $2,000, or both.3State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor
- A repeat offense — meaning the person has a prior conviction under this same section — is a Class A misdemeanor, raising the maximum jail time and fine significantly.
- Using the drone to provide contraband to someone in custody, or to otherwise introduce contraband into the facility, is a state jail felony. That carries 180 days to two years in a state jail and a possible fine of up to $10,000.2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility4Texas Office of the Attorney General. Penal Code Offenses by Punishment Range
How “Contraband” Is Defined
Everything about the felony tier turns on one word. Under this section, “contraband” means any item not provided by or authorized by the facility operator.2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility That definition is deliberately broad. It covers drugs and cell phones, but also food, clothing, or anything else the facility did not approve. A drone dropping a bag of fast food into a prison yard qualifies for the felony tier under this statute just as much as one carrying methamphetamine.
Who Is Exempt — and Who Isn’t
Five categories of operators can fly over these facilities without committing the offense: the federal government, Texas, or any governmental entity; anyone under contract with or acting under the direction of a government entity; anyone with prior written consent from the facility’s owner or operator; law enforcement agencies; and anyone under contract with or acting on behalf of a law enforcement agency.2State of Texas. Texas Penal Code 38.115 – Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility
Look at who is not on that list: commercial drone operators, journalists, and hobbyists. The parallel statute for critical infrastructure facilities, Government Code Section 423.0045, exempts commercial operators flying in compliance with FAA rules.5State of Texas. Texas Government Code 423.0045 – Offense Section 38.115 contains no such exception. A licensed commercial pilot filming real estate near a county jail has no automatic exemption under this law. Written consent from the facility operator is the only path in for a private operator.
Federal Rules Stack on Top
Texas law operates alongside federal airspace rules. The FAA has established flight restrictions over dozens of federal correctional facilities nationwide, including several in Texas such as the Federal Detention Center in Houston and the Federal Medical Center in Fort Worth. Those restrictions prohibit drone flights up to 400 feet within the lateral boundaries of designated facilities, and violators face civil penalties and potential criminal charges under federal law.6Federal Aviation Administration. FAA Establishes Restrictions on Drone Operations Over DOJ and DOD Facilities
A drone flight over a federal prison in Texas can draw prosecution under both the state offense and federal enforcement for violating the FAA restriction. The two systems operate independently, so one case does not block the other.
Other Texas Charges That Can Stack
A drone contraband case rarely stops at Section 38.115. Penal Code Section 38.11 makes it a third-degree felony to bring alcohol, controlled substances, dangerous drugs, or deadly weapons into a correctional facility, carrying two to ten years in prison.7State of Texas. Texas Penal Code 38.11 – Prohibited Substances and Items in Correctional or Civil Commitment Facility A person who uses a drone to deliver drugs into a prison can be charged under both statutes, with the Section 38.11 charge carrying far more prison time than the state jail felony under Section 38.115.