Using a drone in a federal crime will add at least 4 levels to the sentencing range starting March 15, 2027
The U.S. Sentencing Commission added guideline 3B1.6, Use of Unmanned Aircraft. It adds 6 offense levels when the SAFER SKIES Act's drone enhancement applies to a felony and 4 levels when an offense otherwise involved using a drone. The Commission set a March 15, 2027 effective date.
By Joel Kelly
Decision brief
This is about crimes, not paperwork. Flying without a certificate or registration is handled mostly through FAA civil enforcement, and nothing here changes that. The new guideline raises federal sentencing ranges when a drone is used in an offense, from smuggling contraband into a prison to a felony where a drone played a part. The same statute already made a second knowing violation of national defense airspace a felony of up to five years, the charge behind this month's Kennedy Space Center plea.
- Guideline
- USSG 3B1.6
- Increase
- +6 or +4 levels
- Effective
- Mar. 15, 2027
Use of Unmanned Aircraft, published at 91 FR 59298 on Sept. 18, 2026
+6 where the 6 U.S.C. 124n-1(c) enhancement applies; +4 for other drone use
Specified by the Commission under its emergency authority
The rule
Four levels for using a drone in a crime, six when the statute's enhancement applies.
The Commission published the amendment in the Federal Register on September 18 as a notice of submission to Congress, at 91 FR 59298. The new guideline, section 3B1.6, applies the greater of two increases. The first is 6 levels if the defendant is convicted of an offense to which the statutory drone enhancement in 6 U.S.C. 124n-1(c) applies, or if the parties stipulate to it. The second is 4 levels if the offense otherwise involved the use of an unmanned aircraft. Use does not include mere possession. If the drone use is the only conduct behind another enhancement, the court applies whichever produces the higher offense level, so the same act is not counted twice.
Where it comes from
The SAFER SKIES Act raised the maximums first.
The guideline carries out a directive in the SAFER SKIES Act, part of the National Defense Authorization Act for fiscal year 2026. That law raised statutory maximums. A person convicted of a felony who knowingly operated a drone during, in relation to, or in furtherance of it faces a maximum that is doubled or raised by five years, whichever is less. The enhancement does not apply to offenses based only on operating a drone. Using a drone to get contraband to a prison inmate adds five years to the maximum. The act told the Commission to raise sentencing ranges substantially for offenses involving drones.
The notice also records a change to 49 U.S.C. 46307, violation of national defense airspace. A second or later knowing and willful violation is now a felony with a maximum of five years. A first offense remains a misdemeanor of up to one year. The Commission's statutory index now sends felony cases under that section to guideline 2A5.2 and misdemeanors to 2X5.2.
What it means
Longer sentences for drone-assisted crimes, no new rules for ordinary flying.
The Commission used emergency amendment authority from the Consolidated Appropriations Act, 2026, which required it to act by December 31, 2026. It specified March 15, 2027 as the effective date instead of the usual November 1. Guidelines are advisory, but federal judges must calculate them first. In practice the change adds time for people convicted of federal crimes that involved a drone. It does not create new offenses for ordinary flying.
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