Prohibitions re unmanned aircraft and critical infrastructure facilities. Exceptions. Penalty

(a) Except as provided in subsections (b) and (c) of this section, no person shall (1) operate any unmanned aircraft, or program an unmanned aircraft to operate, at a height of less than two hundred fifty feet above ground level of a critical infrastructure facility or within one hundred horizontal feet of a critical infrastructure facility or, in the case of a tunnel, inside such tunnel, or (2) use any unmanned aircraft to conduct surveillance of, gather evidence of or collect information concerning a critical infrastructure facility unless such person has obtained prior approval of the owner or administrator of such critical infrastructure facility. (b) The provisions of subdivision (1) of subsection (a) of this section shall not apply to a person operating an unmanned aircraft for commercial purposes in compliance with authorization granted by the Federal Aviation Administration to the extent such operation is necessary for such commercial purpose. (c) The provisions of subsection (a) of this section shall not apply to the operation of an unmanned aircraft by, or on behalf of, an employee of the federal government, the state or a political subdivision of the state, a member of the armed forces of the United States, a member of the armed forces of the state, a firefighter, a police officer, an emergency management director or an employee of a public service company when such operation is in the performance of the official duties of such employee, member, firefighter, officer or director. (d) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.