Draft bill 28.

Summary.

The draft bill proposes adding a chapter on the unlawful use of aircraft and other unmanned systems to Title IX of Book II of the Criminal Code (Código Penal). Its definition covers aircraft, vehicles, vessels, platforms, devices and equipment capable of moving or operating without a person on board, through remote control or autonomous or semiautonomous operation. The chapter would apply regardless of a system’s commercial name, technology or means of control.

The proposed offense covers using, operating, adapting, programming, facilitating or employing an unmanned system to prepare, facilitate, carry out, complete, conceal or secure the commission of a crime. It also covers supplying, adapting or making such a system available with knowledge that it will be used for criminal activities. In either case, the prison term would be six to twelve years, without prejudice to the penalty for any crime actually committed.

The text lists forms of unlawful use: transporting weapons, illicit substances, communications equipment or objects intended for crimes; bringing prohibited objects into prisons or detention centers; facilitating escapes; and gathering information about people, facilities, police operations or public servants for criminal purposes or to evade the authorities. It also covers intimidation, threats and extortion; directing payloads capable of causing harm; and interfering with security, rescue, emergency or aviation operations, critical infrastructure or essential public services. The list would allow the proposed offense to cover other uses serving the stated criminal purposes.

The penalty would increase by one third to one half if an aggravating circumstance applies. These include acts affecting prisons, Public Force facilities, airports, ports, hospitals or educational centers; use of explosives or other materials capable of causing especially serious harm; acts directed against authorities or public servants performing their duties; resulting injury, death or substantial damage to public or private property; and acts carried out by people acting in an organized manner. A conviction would entail confiscation of the system used and its components and other instruments, subject to the rights of good faith third parties.

The Civil Aviation Authority would gradually implement a Remote Identification System for unmanned aircraft subject to registration. Where technically possible, the system would identify an aircraft during operation and help locate its operator, remote pilot or control station, in accordance with the Political Constitution (Constitución Política) and the law. Implementation would take account of operational risk, technological developments and available resources. The Authority would issue regulations within twelve months after the law takes effect and could implement the system in phases. The draft bill reiterates the additions to the Criminal Code and provides that the law would take effect twelve (12) months after its promulgation. Its provisions concern the Civil Aviation Authority and the unmanned aviation, public security, prison and critical infrastructure sectors.