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HB 5320

Criminal procedure: sentencing guidelines; sentencing guidelines for flying over or trespassing on a key facility or critical infrastructure with an unmanned aircraft or vehicle; provide for. Amends 16b, ch. XVII of 1927 PA 175 (MCL 777.16b). TIE BAR WITH: HB 5319'25

2025-2026 Regular Session Introduced by Greg Alexander and 27 co-sponsors

Michigan bill creates sentencing guidelines for drone operators flying over or trespassing on critical infrastructure facilities, requiring companion legislation to define covered locations and establish criminal standards.

placed on third reading
#aeronautics:unmannedaircraftsystems #criminalprocedure:sentencingguidelines
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Bill Summary · HB 5320

Legislative bill overview

HB 5320 establishes sentencing guidelines for individuals who operate unmanned aircraft or vehicles (drones) over or trespass on key facilities or critical infrastructure. The bill is tied to HB 5319, suggesting companion legislation that likely defines which facilities qualify as "key" or "critical infrastructure" and establishes the underlying criminal offense.

Why is this important

Drone activity near sensitive infrastructure—such as power plants, water treatment facilities, airports, military installations, or government buildings—poses genuine security and safety risks. This bill creates standardized judicial guidance for prosecuting such violations, ensuring consistent penalties across Michigan courts rather than inconsistent sentencing based on individual judges' discretion.

Potential points of contention

  • Definitional scope: The bill's effectiveness depends entirely on how HB 5319 defines "key facility" and "critical infrastructure"—overly broad definitions could criminalize recreational or commercial drone use near legitimate activities, while narrow ones may leave gaps in actual security coverage.
  • Proportionality concerns: Establishing sentencing guidelines requires determining appropriate penalties; balancing deterrence against potential over-criminalization of unintentional violations or minor trespassing incidents.
  • Enforcement challenges: Distinguishing between malicious intent, negligence, and accidental airspace violations may complicate prosecution and create sentencing inconsistencies despite guidelines.

Compiled from official sources — confirm details with the bill’s official record.

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