West Virginia
West Virginia Drone Laws (2026): Privacy & Penalties
West Virginia has made it a crime since 2018, expanded in 2023, to fly a drone to spy on someone or their property without permission, with separate felony penalties for arming a drone or using one near critical infrastructure like a power plant or prison.
This guide is part of our Drone Laws by State series.
Jurisdiction scope: This article addresses West Virginia state law governing drones: the civilian privacy offense and critical-infrastructure restrictions in W. Va. Code section 61-16-2, the armed-drone and aircraft-interference felonies, and the federal shoot-down prohibition. It does not address FAA registration, Remote ID, or Part 107 licensing, which apply the same way nationwide; see the Drone Laws by State hub for that baseline and how other states compare.
The FAA controls the sky; West Virginia law controls what a drone operator does with it
The FAA is the exclusive regulator of where a drone may fly nationally, through registration, Remote Pilot Certification under 14 CFR Part 107 for most non-hobby flights, and Remote ID broadcast requirements. None of that answers the questions a West Virginia resident actually has: can a drone legally film into my backyard, and what happens if one flies near a prison or power plant. West Virginia answers both through W. Va. Code Article 61-16, Use of Unmanned Aircraft Systems, first enacted in 2018 and substantially expanded by a 2023 amendment. Those state provisions regulate conduct and intent, not altitude or airspace, which is why they sit alongside, rather than conflict with, the FAA's separate operating rules.
Can someone legally fly a drone over your house in West Virginia?
Not to spy on you. W. Va. Code section 61-16-2(a) makes it a crime to operate a drone to knowingly and intentionally capture photographs, video, or audio of another person or their private property without permission, in a manner that invades a reasonable expectation of privacy, and the statute expressly covers recording through a window or other structural opening. The same subsection separately bars using a drone to view, follow, or contact someone without permission in a way that invades their privacy, to harass a person, to violate a restraining order, to operate with willful wanton disregard for the safety of people or property, or to interfere with law enforcement or emergency medical personnel performing their duties. A violation is a misdemeanor, carrying a fine of $100 to $1,000, up to a year in jail, or both. The law does not reach a drone that merely passes overhead without capturing anything, and it exempts a property owner, the owner's agent, or a contractor hired by the owner who is surveilling the owner's own land, along with news organizations gathering news from at least 400 feet above ground.
West Virginia's targeted-facility rule: drones near critical infrastructure
A second layer of Article 61-16, added by the 2023 amendment, protects a defined list of sensitive sites. W. Va. Code section 61-16-1 defines a "targeted facility" by cross-reference to section 61-10-34's roughly two dozen categories of critical infrastructure, which include petroleum refineries, electrical power facilities, natural gas compressor stations, water intake and treatment plants, chemical manufacturing sites, correctional facilities, military installations, and rail yards, among others. Under section 61-16-2(b), it is unlawful to operate a drone over or near a targeted facility to intentionally deploy any substance, material, projectile, or object; to conduct surveillance of the facility with intent to cause harm to it, the public, or any person; or to obtain the facility's trade secrets or other legally protected proprietary or government information. A violation carries the same misdemeanor penalty as the privacy offense: a $100 to $1,000 fine and up to a year in jail. The 2024 discovery of a drone-based contraband-smuggling operation at a federal prison in McDowell County, which led to eleven arrests and multiple federal guilty pleas for aiding the introduction of contraband into a federal facility, illustrates the kind of activity West Virginia's targeted-facility statute is designed to reach, even though that particular prosecution proceeded under federal law because FCI McDowell is a federal facility.
Armed drones and interfering with manned aircraft are felonies
Article 61-16 escalates sharply for two categories of conduct. Under W. Va. Code section 61-16-2(g), it is a felony to equip a drone with a deadly weapon or to operate an armed drone, other than for a lawful military purpose, punishable by a $1,000 to $5,000 fine and one to five years in a state correctional facility. Section 61-16-2(h) imposes the identical felony penalty range on anyone who operates a drone with the intent to cause damage to, or disrupt in any way, the flight of a manned aircraft. Both provisions apply regardless of whether the drone is also being used to violate the privacy or targeted-facility rules, so a single flight can trigger multiple charges.
Does West Virginia restrict drones for hunting?
Unlike a handful of neighboring and western states, West Virginia has not enacted a drone-specific hunting or wildlife-interference statute. A drone used to harass game, or to give a hunter an unlawful advantage, would be analyzed under the state's general wildlife and hunter-interference law rather than a provision written specifically for unmanned aircraft. Anyone considering using a drone in connection with hunting in West Virginia should confirm current Division of Natural Resources regulations directly, since agency rules can change independently of the criminal statutes discussed here.
Shooting down a drone is a federal crime, not a West Virginia right
Even where a drone is trespassing on private airspace or violating section 61-16-2's privacy rule, West Virginia law gives a landowner no authority to shoot it down or otherwise disable it. 18 U.S.C. section 32, the Aircraft Sabotage Act, makes it a federal felony, punishable by up to twenty years in prison, to willfully damage, destroy, or disable an aircraft, and the FAA has classified drones as aircraft within the National Airspace System since 2012. That exposure exists even over the shooter's own property, because the FAA, not the landowner, controls the airspace. Publicized cases in other states where local prosecutors declined to pursue state charges after a drone was shot down reflect discretionary charging decisions in those jurisdictions, not a legal right to disable a drone, and no state, including West Virginia, has enacted a law creating one.
Frequently asked questions
Disclaimer
This article provides general legal information about West Virginia law governing drones, as verified on 2026-07-09. It does not constitute legal advice and does not create an attorney-client relationship. Readers should consult a lawyer licensed in West Virginia for advice about a specific incident or dispute.
Related articles
Last updated: 2026-07-09. Statutes cited reflect their in-force version as of 2026-07-09.
Frequently Asked Questions
Is it illegal to fly a drone over someone's house in West Virginia?
Flying over private property alone is not automatically illegal. W. Va. Code section 61-16-2(a) prohibits using a drone with intent to photograph, follow, or otherwise observe a person or their property without permission in a way that invades a reasonable expectation of privacy, punishable by up to a year in jail and a $1,000 fine.
Can my neighbor use a drone to record into my windows in West Virginia?
No. Section 61-16-2(a) specifically covers capturing images, video, or audio through a window or other structural opening without permission, in a manner that invades a reasonable expectation of privacy.
What is a 'targeted facility' under West Virginia's drone law?
It is any critical infrastructure facility defined in W. Va. Code section 61-10-34, a list of roughly two dozen categories including power plants, water treatment facilities, refineries, correctional facilities, and military installations. Flying a drone over one to deploy objects, surveil with intent to harm, or steal trade secrets is a misdemeanor under section 61-16-2(b).
Is it a felony to arm a drone in West Virginia?
Yes. W. Va. Code section 61-16-2(g) makes equipping a drone with a deadly weapon a felony punishable by a $1,000 to $5,000 fine and one to five years in a state correctional facility, unless the operator is acting for a lawful military purpose.
Can I shoot down a drone flying over my property in West Virginia?
No West Virginia law authorizes this, and doing so risks a federal felony charge under 18 U.S.C. section 32 for damaging an aircraft, since the FAA controls the airspace regardless of who owns the land below.
Does West Virginia require police to get a warrant before using a drone?
Article 61-16 does not include a dedicated law-enforcement warrant provision comparable to some neighboring states. Section 61-16-2(a) exempts law enforcement acting within constitutional limits, meaning ordinary Fourth Amendment warrant requirements, rather than a separate state statutory warrant floor, govern police drone use.
Are there drone rules for hunting in West Virginia?
West Virginia has no drone-specific hunting statute. A drone used to harass wildlife or gain a hunting advantage would fall under the state's general wildlife and hunter-interference law; check current Division of Natural Resources regulations for specifics.
Sources and References
- W. Va. Code section 61-16-1, definitions (unmanned aerial vehicle, operator, targeted facility)(code.wvlegislature.gov).gov
- W. Va. Code section 61-16-2, prohibited use of an unmanned aerial vehicle; criminal penalties(code.wvlegislature.gov).gov
- W. Va. Code section 61-10-34, definition of critical infrastructure facility(code.wvlegislature.gov).gov
- West Virginia House Bill 3479 (2023), enrolled act amending Article 61-16 to add targeted-facility provisions(wvlegislature.gov).gov
- 18 U.S.C. section 32, Aircraft Sabotage Act (destruction of aircraft or aircraft facilities)(law.cornell.edu)
- U.S. Department of Justice, Southern District of West Virginia, Two More Defendants Plead Guilty to Roles in Scheme to Transport Contraband into FCI McDowell with Drone(justice.gov).gov