(a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
(d) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.