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Aviation Code

Aircraft licensing, operation, airspace, and aviation safety offenses.
Every charge below uses the same title, classification, fine, jail value, citation status, and legal description as the generated MDT SQL.

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Aviation Charging Guide

Routine altitude or licensing violations should not be elevated merely because an aircraft is involved. Use Reckless Operation of Aircraft only when the pilot consciously disregards a substantial safety risk, and Flying into Restricted Airspace only for a specifically restricted or controlled zone.

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Quick Reference

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§10 — Airspace Restriction

Class C Misdemeanor · Fine: $750 · Jail: 5 months · Cite & Release: Eligible · License Points: 5 · Community Service: 10 tasks A pilot commits Airspace Restriction violation when they operate an aircraft below the minimum safe altitude established by state aviation regulation except during lawful takeoff, landing, emergency operations, or other authorized activity.
Charging & stacking: Use Flying into Restricted Airspace for entry into a specifically controlled or prohibited zone and Reckless Operation of Aircraft when the conduct creates a substantial safety risk.

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§59 — Theft of an Aircraft

Class A Felony · Fine: $7,500 · Jail: 30 months · Cite & Release: No A person who unlawfully takes, operates, or exercises control over an aircraft belonging to another, without consent or lawful authority, is guilty under this code section. The value of the aircraft is irrelevant to the charge, as the theft of aviation property carries heightened risk to public safety.
Charging & stacking: If force or threats are used against an occupant to take an aircraft, additional robbery/kidnapping offenses may apply to distinct conduct.

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§152 — Flying into Restricted Airspace

Class C Felony · Fine: $2,500 · Jail: 25 months · Cite & Release: No · License Points: 10 · Community Service: 25 tasks A person who, while operating an aircraft, flies over restricted airspace, or flies into controlled airspace without prior authorization from air control, is guilty under this code section.
Charging & stacking: The restricted area must be established by law, notice, air-control instruction, or clearly designated government restriction; accidental brief incursion may be considered in enforcement discretion.

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§177 — Piloting Without Proper Licensing

Class A Misdemeanor · Fine: $1,500 · Jail: 20 months · Cite & Release: No · License Points: 8 · Community Service: 20 tasks Operating an aircraft without proper pilot licensing.

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§230 — Reckless Operation of Aircraft

Class C Felony · Fine: $3,500 · Jail: 30 months · Cite & Release: No · License Points: 10 A person commits Reckless Operation of Aircraft when they operate an aircraft with conscious disregard for a substantial and unjustifiable risk to persons, property, other aircraft, or critical infrastructure.
Charging & stacking: Mere licensing or altitude violations should be charged under the more specific lower-level aviation statutes unless the conduct independently becomes reckless.

General Provisions

Review classification, sentencing, stacking, attempts, probation, parole, and charging rules.

Penal Code Overview

Return to the public Penal Code overview and classification guide.