Operation of aircraft while under influence of intoxicating liquors or drugs; reckless operation

Any person who operates any aircraft within the airspace over, above or upon the lands or waters of the Commonwealth while under the influence of intoxicating liquor or of any narcotic or marijuana or any habit-forming drugs is guilty of a felony and shall be confined in a state correctional facility not less than one nor more than five years, or, in the discretion of the court or jury trying the case, be confined in jail not exceeding 12 months and fined not exceeding $500, or both such fine and imprisonment.

Any person who operates any aircraft within the airspace over, above or upon the lands or waters of the Commonwealth carelessly or heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger any person or property, is guilty of a misdemeanor.

Code 1950, § 5-10.1; 1964, c. 416; 1966, c. 576; 2026, Sp. Sess. I, c. 1 .