California drone privacy law: flying over private property

It's not illegal just to fly over private property in California, since the FAA controls the airspace. What's illegal is using that flight to invade privacy. Civil Code 1708.8, amended in 2015 to cover drones, makes you liable if you knowingly enter the airspace above someone's land to capture images or sound of them doing private or family things, in a way that's offensive to a reasonable person. Damages can reach three times the harm, plus civil fines of $5,000 to $50,000.

Civil Code 1708.8 in plain English

The law covers "physical invasion of privacy." The drone version applies when you:

knowingly enter the airspace above someone's land without permission,
to capture an image, sound recording or other impression of them in a private, personal or familial activity,
in a way that would be offensive to a reasonable person.

There's also a "constructive invasion" rule: using a device to capture what you couldn't otherwise get without trespassing, like zooming into a fenced yard from outside, can count even if you never cross the property line.

What you can owe: up to three times the actual damages, punitive damages, and, if done for commercial purposes, profits from the images. A civil fine of $5,000 to $50,000 can also apply.

Other California laws that apply to drones

Penal Code 647(j): names unmanned aircraft among the devices you can't use to look into a bedroom, bathroom, changing room or other place where someone has a reasonable expectation of privacy.
Penal Code 632: recording a confidential conversation without the consent of all parties is a crime, and a drone microphone is no exception.
Trespass: launching or landing on private land without permission is trespass, whatever happens in the air.
Local rules: California doesn't preempt city ordinances. Los Angeles and other cities have their own drone rules on takeoff and public spaces. See drone laws in Los Angeles.

What's generally fine

Flying over private land on the way to somewhere else without lingering.
Photographing what anyone could see from a public street or park.
Real estate or roof work with the owner's consent, with neighbors' yards kept out of frame.

How to stay out of trouble

Ask permission before flying low over someone's land.
Keep moving. Hovering over a yard invites complaints.
Point the camera at your subject, not into windows, pools or fenced yards.
Turn off audio recording if people might be talking.
Blur or crop identifiable people in published footage.
Follow FAA rules: TRUST or Part 107, plus registration for drones of 250 g or more.

If you're on the other side, read someone flying a drone over my house.

Rules current as of October 2026. This is general information, not legal advice. The statutes are on the California Legislative Information site.

More on the state's other rules in drone laws in California, and compare states on drone privacy laws.