Why It Matters
Federal sentencing ranges for drone-related crimes are set to rise under a guideline amendment approved by the U.S. Sentencing Commission, applying a 6-level increase to the base offense level in cases tied to the statutory drone-felony enhancement and a 4-level increase in all other cases where an offense involved drone use, according to a new Congressional Research Service (CRS) report. The amendment takes effect March 27, 2027, unless Congress acts to modify or reject it.
Congress has a 180-day review period, triggered by the Commission's Sept. 14 submission, to evaluate whether the drone sentencing enhancement fulfills the SAFER SKIES Act's directives and adequately addresses members' concerns about unlawful drone use.
The Big Picture
The amendment implements a congressional directive in the SAFER SKIES Act, enacted Dec. 18, 2025, as part of the National Defense Authorization Act for Fiscal Year 2026. The Act created a new felony for repeated violations of airspace designated as necessary for national defense, increased penalties for using a drone to deliver contraband to a prison inmate, and doubled or increased by five years the penalty for using a drone to facilitate a separate felony offense, then directed the Commission to substantially increase guideline ranges for all offenses involving drone use.
The Commission first proposed the amendment on April 16, approved a revised final version on Aug. 27, and submitted it to Congress on Sept. 14.
The final amendment applies the 6-level increase when a defendant is convicted of an offense to which the statutory enhancement applies, or when the parties stipulate to such an offense for guideline-range purposes. It adds an application instruction directing judges to apply the greater enhancement between any applicable Chapter 2 aggravating factor and the new Chapter 3 adjustment when drone use forms the basis for that adjustment, and retains the 4-level catchall enhancement while clarifying that "use" of a drone means more than mere possession.
Drug trafficking and immigration are the two predominant crime types involving drones in the federal system, according to Commission data cited in the report. The Commission found that drones are used to deliver contraband into correctional facilities and to conduct surveillance during border crossings.
The Bottom Line
The 180-day review period triggered Sept. 14 would expire on or about March 13, 2027, roughly two weeks before the amendment's March 27, 2027 effective date. On Nov. 2, the Commission published a Federal Register notice soliciting comment on proposed priorities for the amendment cycle ending May 1, 2027, with comments due Dec. 2.
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