Robotics

What happens if you shoot down a delivery drone?

Comment

Image Credits: Walmart

As deep-pocketed companies like Amazon, Google and Walmart invest in and experiment with drone delivery, a phenomenon reflective of this modern era has emerged. Drones, carrying snacks and other sundries, are being shot out of the sky. 

Incidents are still rare. However, a recent arrest in Florida, in which a man allegedly shot down a Walmart drone, raises questions of what the legal ramifications are and whether those consequences could escalate if these events become more common. 

In the Florida case, Walmart was conducting delivery demonstrations in Clermont, Florida — roughly 25 miles west of Orlando — when a loud sound was heard during the craft’s descent. According to the Lake County Sheriff’s Office, the suspect, Dennis Winn, allegedly admitted to shooting the drone. He allegedly told authorities this wasn’t his first experience with drones flying over and around his home, leading him to believe that the small, unmanned crafts might be spying on him.

The man was charged with discharging a firearm and “criminal mischief” resulting in damage of more than $1,000. For its part, Walmart claims that the amount totaled around $2,500, primarily involving the drone’s payload system.

It’s likely more drones will be shot down, considering the United States is home to more guns than people. And while last week’s incident isn’t without precedent, it’s not entirely clear how stiff the consequences could become.

That’s due in large part to the fact that there haven’t been any high-profile cases wherein the shooter has received the maximum penalty. That could well change, however, as more multi-billion-dollar corporations stake their airspace. At this early stage, years of R&D costs coupled with very limited scalability means an extremely high per-drone price tag.

In 2022, for instance, Amazon was estimated to be spending $484 for every delivery made by a Prime Air drone. The price has come down since; optimistic projections had the figure dropping to around $63 in 2025. Even that is still nearly 20x the price of the average ground delivery.

Drone deliveries also haven’t scaled as quickly as Amazon had hoped. As of this writing, Prime Air is only available in one location — College Station, Texas — after operations ended in California. Two European locations and an another in the U.S. are set to arrive by the end of this year.

While consumer drones have been proliferating for well over a decade, the question of legal ramifications hasn’t been wholly clear.

The Federal Aviation Administration (FAA) gave us a partial answer following a 2016 drone shooting in Arkansas. At the time, the FAA pointed interested parties to 18 U.S.C. 32. The law, titled “Aircraft Sabotage,” is focused on the wanton destruction of “any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or foreign air commerce.”

At first glance, the law appears primarily focused on manned aircraft, including a provision that “makes it a Federal offense to commit an act of violence against any person on the aircraft, not simply crew members, if the act is likely to endanger the safety of the aircraft.” In responding to the Arkansas drone shooting, however, the FAA asserts that such protections can be interpreted to also include UAVs (unmanned aerial vehicles). The language does, indeed, appear broad enough to cover drones. That means, in turn, that the penalties are potentially as stiff.

The subject was revived after a 2020 incident in Minnesota. In that case, the suspect was hit with felony charges relating to criminal damage and discharging a weapon within city limits. Those would likely also be the charges in most scenarios involving property, rather than bodily damage, drone or not. Even with these examples, there is not a rigid rule that predicts if or when prosecutors might also introduce a federal charge like 18 U.S.C. 32.

As the legal blog Above the Law notes, in most cases, the federal government has deferred to state law for enforcement. Meanwhile, in most cases where 18 U.S.C. 32 has been applied, if a human crew/passengers are involved, there could be other potential charges like murder. It certainly can be argued that shooting a large piece of hardware out of the sky in a heavily populated area invites its own potential for bodily harm, though it may not be prosecuted in the same manner.

As drone delivery increases in the U.S., however, we may soon have an answer to the role federal legislation like 18 U.S.C. 32 will play in UAV shootings. Adding that into the picture brings penalties, including fines and up to 20 years in prison, potentially compounding those consequences. What is clear, though, is that the consequences can be severe, whether it is invoked.

More TechCrunch

Rocket Lab surpassed $100 million in quarterly revenue for the first time, a 71% increase from the same quarter of last year. This is just one of several shiny accomplishments…

Rocket Lab’s sunny outlook bodes well for future constellation plans 

In 1996, two companies, Patersons HR and Payroll Solutions, formed a venture called CloudPay to provide payroll and payments services to enterprise clients. CloudPay grew quietly over the next several…

CloudPay, a payroll services provider, lands $120M in new funding

The vulnerabilities allowed one security researcher to peek inside the leak sites without having to log in.

Security bugs in ransomware leak sites helped save six companies from paying hefty ransoms

Featured Article

A comprehensive list of 2024 tech layoffs

The tech layoff wave is still going strong in 2024. Following significant workforce reductions in 2022 and 2023, this year has already seen 60,000 job cuts across 254 companies, according to independent layoffs tracker Layoffs.fyi. Companies like Tesla, Amazon, Google, TikTok, Snap and Microsoft have conducted sizable layoffs in the…

A comprehensive list of 2024 tech layoffs

A new “beta rabbit” mode adds some conversational AI chops to the Rabbit r1, particularly in more complex or multi-step instructions.

Rabbit’s r1 refines chats and timers, but its app-using ‘action model’ is still MIA

Los Angeles is notorious for its back-to-back traffic. Three events that promise to bring in millions of spectators from around the world — the 2026 World Cup, the Super Bowl…

Archer to set up air taxi network in LA by 2026 ahead of World Cup

Featured Article

Amazon is fumbling in India

Amazon’s decision to overlook quick-commerce in India is now looking like a significant misstep.

Amazon is fumbling in India

OpenAI’s GPT-4o, the generative AI model that powers the recently launched alpha of Advanced Voice Mode in ChatGPT, is the company’s first trained on voice as well as text and…

OpenAI finds that GPT-4o does some truly bizarre stuff sometimes

On Thursday, Box filled in a missing piece on its AI platform when it bought automated metadata extracting startup, Alphamoon.

Box adds crucial piece to its AI platform with Alphamoon acquisition

OpenAI has announced a new appointment to its board of directors: Zico Kolter. Kolter, a professor and director of the machine learning department at Carnegie Mellon, predominantly focuses his research…

OpenAI adds a Carnegie Mellon professor to its board of directors

Count Spotify and Epic Games among the Apple critics who are not happy with the iPhone maker’s newly revised compliance plan for the European Union’s Digital Markets Act (DMA). Shortly…

Spotify and Epic Games call Apple’s revised DMA compliance plan ‘confusing,’ ‘illegal’ and ‘unacceptable’

Thursday seeks to shake up conventional online dating in a crowded market. The app, which recently expanded to San Francisco, fosters intentional dating by restricting user access to Thursdays. At…

Thursday, the dating app that you can use only on Thursdays, expands to San Francisco

AI companies are gobbling up investor money and securing sky-high valuations early in their life cycle. This dynamic has many calling the AI industry a bubble. Nick Frosst, a co-founder…

Cohere co-founder Nick Frosst thinks everyone needs to be more realistic about what AI can and cannot do

Instagram is rolling out the ability for users to add up to 20 photos or videos to their feed carousels, as the platform embraces the trend of “photo dumps.” Back…

Instagram is embracing the ‘photo dump’

Welcome back to TechCrunch Mobility — your central hub for news and insights on the future of transportation. Sign up here for free — just click TechCrunch Mobility! Anyone paying…

Lyft ‘opens a can of whoop ass’ on surge pricing, Tesla’s Dojo explained and Saudi Arabia pumps $1.5B into Lucid

Flint Capital just closed its third fund at $160 million. Its has a unique strategy for finding its limited partner investors. 

Flint Capital raises a $160M through an unusual fund-raising strategy

Earlier this week it emerged that the DPC had instigated court proceedings seeking an injunction against X over the data processing without consent.

Elon Musk’s X agrees to pause EU data processing for training Grok

During testing, Google DeepMind’s table tennis bot was able to beat all of the beginner-level players it faced.

Google DeepMind develops a ‘solidly amateur’ table tennis robot

The X account announced that its Premium+ subscription would now be “fully” ad-free, leading some to question how this change would affect creator earnings.

As X sues advertisers over boycott, the app ditches all ads from its top subscription tier

Apple has further revised its compliance plan for the European Union’s Digital Markets Act (DMA) rulebook, which, since March, has forced it to give iOS developers more freedom over how…

Apple revises DMA compliance for App Store link-outs, applying fewer restrictions and a new fee structure

The rise of neobanks has been fascinating to witness, as a number of companies in recent years have grown from merely challenging traditional banks to being massive players in and…

Chime and Dave execs are coming to TechCrunch Disrupt 2024

If you visited the Wikipedia website on mobile this week, you might have seen a pop-up indicating that dark mode is ready for prime time.

How to enable Wikipedia’s dark mode

The home security company says attackers accessed databases containing customer home addresses, email addresses, and phone numbers.

Home security giant ADT says it was hacked

The Looking Glass Pro has a 6-inch display and a foldable base. It shows spatial images like those created with the Apple Vision Pro and iPhone 15 Pro.

Looking Glass’ new lineup includes a $300 phone-sized holographic display

TikTok’s latest offering is capitalizing on the app’s ability to serve as a discovery engine for other media — something its users already take advantage of by sharing short clips…

TikTok partners with Warner Bros. to become a discovery engine for TV and movies

Cocoon is a new startup built on the belief that greener steel production and the creation of concrete slag doesn’t have to be an either/or proposition.

Cocoon is transforming steel production runoff into a greener cement alternative

SoundHound, an AI company that makes voice interface tech used by car companies, restaurants and tech firms, is doubling down on enterprise services by playing consolidator in a crowded market.…

SoundHound acquires Amelia AI for $80M after it raised $189M+

Seeking mental health support is a complex process, but some founders believe that using AI to formalize techniques like cognitive behavioral therapy (CBT) can help folks who might not have…

Feeling Great’s new therapy app translates its psychiatrist co-founder’s experience into AI

The U.K.’s antitrust regulator has confirmed that it’s carrying out a formal antitrust investigation into Amazon’s ties with Anthropic, after Amazon recently completed a $4 billion investment into the AI startup.…

UK launches formal probe into Amazon’s ties with AI startup Anthropic

Bardeen has raised $3M to build its platform that uses a natural language interface to automate repetitive knowledge work.

AI business agent startup Bardeen pulls in strategic investment from Dropbox and HubSpot