1. A person commits surveillance by the use of a remotely piloted aircraft if the person knowingly does any of the following:
a. Controls the flight of a remotely piloted aircraft equipped with a surveillance device over a homestead, if the homestead is not owned or leased by the person, and the remotely piloted aircraft remains over the homestead.
b. Controls the flight of a remotely piloted aircraft equipped with a surveillance device over a farmstead, if the farmstead is not owned or leased by the person, and the remotely piloted aircraft remains within a secured area of four hundred feet surrounding a farm animal, farm equipment, or a farm structure located on the farmstead. However, the secured area shall not include any space that is in the corporate limits of a city.
2. a. A person who commits surveillance by the use of a remotely piloted aircraft is guilty of a serious misdemeanor.
b. Notwithstanding paragraph “a”, a person who commits surveillance by the use of a remotely piloted aircraft is guilty of an aggravated misdemeanor if the person has previously been convicted of any of the following:
(1) Intrusion by the use of a remotely piloted aircraft as provided in section 715E.3.
(2) Surveillance by the use of a remotely piloted aircraft as provided in this section.
Subsection 1, paragraph b amended