---
kind: "section"
citation: "18 U.S.C. § 40A"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "40A"
heading: "Operation of unauthorized unmanned aircraft over wildfires"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/40A"
units:
  - "Part I — Crimes"
  - "Chapter 2 — Aircraft and Motor Vehicles"
---

# §40A. Operation of unauthorized unmanned aircraft over wildfires

- (a) **In General.—** Except as provided in [subsection (b)](#b), an individual who operates an unmanned [aircraft](/usc/18/31.md?p=a-1) and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts[^1] related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
- (b) **Exceptions.—** This section does not apply to the operation of an unmanned [aircraft](/usc/18/31.md?p=a-1) conducted by a unit or agency of the [United States](/usc/18/229F.md?p=9) Government or of a [State](/usc/18/31.md?p=a-9), tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
- (c) **Definitions.—** In this section, the following definitions apply:
  - (1) **Unmanned aircraft.—** The term “unmanned [aircraft](/usc/18/31.md?p=a-1)” has the meaning given the term in [section 44801 of title 49](/usc/49/44801.md), United States Code.
  - (2) **Wildfire.—** The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ([42 U.S.C. 1856m](/usc/42/1856m.md)).
  - (3) **Wildfire suppression.—** The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.

## Footnotes

[^1]: So in original. Probably should be “effort”.

## Source credit

(Added Pub. L. 115–254, div. B, title III, § 382(a), Oct. 5, 2018, 132 Stat. 3320.)