NORFOLK, Va. — Virginia lawmakers are pushing to strengthen the legal penalties for flying drones over defense facilities following incidents nationwide and in Hampton Roads.
The proposed legislation would classify it as a felony to operate a drone near these facilities and attempt to capture images, with a penalty of two to ten years in prison.
The bill was prompted by the case of Fengyun Shi, a Chinese man studying in the United States on a visa, who flew a drone over Newport News Shipbuilding last year, taking photographs of Navy ships in dry dock.
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When his drone got stuck in a tree, police responded and began questioning him. This eventually led to Shi facing federal charges for illegally photographing a defense installation. He ultimately pleaded guilty in a plea deal and was sentenced to six months in prison.
Shi's attorney stated in court documents that he took the pictures because he found them "cool and interesting" and had no intent to obtain sensitive information or pass it along to China.
However, the incident has prompted state lawmakers to consider stricter penalties for drone operators who attempt to record at defense facilities.
“If you give up the nation's secret on vital military technology, you're putting in harm’s way hundreds, if not thousands, of our troops," said James Perrine, legal counsel for HII, who worked with Sen. Mamie Locke (D-Hampton) on the bill.
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In a separate incident in December 2023, drones were spotted flying over Langley Air Force Base, resulting in training delays.
"The bottom line is there's a significant gap between what federal and state authorities can pursue and what is needed in an enhanced deterrent," said Locke.
The proposed legislation would also ensure that operators of defense facilities would not face penalties for neutralizing drones used in this manner.
The bill has bipartisan support and backing from Gov. Glenn Youngkin. Advocates for the measure assert that it aims to protect national security.
“With drones being spotted more frequently nationwide, we hope the bill sends a strong message to deter bad actors from approaching defense facilities,” said Perrine.
