Hacking a Drone’s Altitude Limit to Fly at 8,000 Metres: Why It Means Prison, Not Just a Fine, in China

The short answer

• “Black flight” (黑飞) generally means flying without approval in controlled airspace, exceeding approved limits, or flying without real-name registration, in breach of the Interim Regulations on Flight Management of Unmanned Aircraft.
• Airspace above 120 metres true height, and above airports, military restricted zones, military administrative zones and similar areas, must be designated controlled airspace; flying there without approval from air traffic management is prohibited.
• Ordinary black flights are dealt with by administrative penalties first: up to RMB 200 for not registering; up to RMB 500 for flying in controlled airspace without approval, or in serious cases confiscation of the drone plus RMB 1,000–10,000; more serious cases may also bring 5–10 days’ detention under Article 46 of the Public Security Administration Punishments Law.
• Once conduct is considered capable of endangering public safety — hacking the altitude limit to fly at civil airway heights, or filming above an airport’s take-off and landing path — it may constitute endangering public safety by dangerous means under Article 114 of the Criminal Law, punishable by 3 to 10 years’ imprisonment.
• The risk isn’t limited to pilots: providing services to hack altitude and no-fly restrictions may be the crime of providing programs or tools for intruding into or illegally controlling computer systems; forging official seals to lift airspace restrictions is forging seals of state organs; and livestreaming while flying over a military zone has been treated as negligently leaking state secrets.

1. Where the red lines are

Article 19 of the Interim Regulations on Flight Management of Unmanned Aircraft (in force 1 January 2024) lists controlled airspace in detail (excerpt): airspace above 120 metres true height; prohibited and restricted areas and their surroundings; military ultra-low-altitude flight areas; and airspace above airports, the Chinese side of borders, military restricted and administrative zones, classified units, nuclear facilities and hazardous storage areas, important public infrastructure, radar stations and other listed areas, shall all be designated controlled airspace. The last paragraph is a hard rule: “Without approval of the air traffic management authority, no unmanned aircraft flight may be conducted in controlled airspace.” Only outside controlled airspace is the airspace suitable for micro, light and small drones.

In other words, flying to a hundred-odd metres in a park or the countryside is usually within suitable airspace; once you cross 120 metres, or point the camera at an airport or military zone, the nature changes. Two other points are often overlooked: real-name registration under Article 10 (“owners of civil unmanned aircraft shall register under their real names according to law”), and, where approval is needed, submitting a flight application by 12:00 the day before.

2. The administrative layer: fines, confiscation, detention

• No real-name registration: Article 47 of the Regulations — police order correction and may fine up to RMB 200; in serious cases RMB 2,000–20,000.
• Flying in controlled airspace without approval: Article 51(2) — ordered to stop and may be fined up to RMB 500; in serious cases the drone is confiscated and a fine of RMB 1,000–10,000 imposed.
• Administrative detention: Article 46 of the Public Security Administration Punishments Law (revised 27 June 2025, in force 1 January 2026) (excerpt): flying civil unmanned aircraft or other airborne objects in breach of airspace management rules, where the circumstances are relatively serious, is punishable by 5–10 days’ detention; illegally crossing national borders, by 10–15 days.

This is where most black flights end up, but an administrative penalty isn’t necessarily the end: in the typical cases, Li was detained for 5 days in March 2024 for hacking the altitude limit to fly near 3,000 metres to film clouds; from 2025 he paid for hacking again and flew, and when caught he was suspected of a crime.

3. When the criminal line is crossed

Article 114 of the Criminal Law (excerpt): endangering public safety by arson, flooding, explosion or other dangerous means, without serious consequences, is punishable by 3–10 years. The key is what counts as “other dangerous means”: in publishing the cases, the Ministry of Public Security noted that drones are small and hard for airliners to detect, with high collision risk; simulated collision tests showed that a light or small drone at 3,000 metres and a relative speed of 500 km/h would break all three layers of an aircraft windscreen.

• Tian (convicted): in March 2024, knowing airliners were taking off and landing, he flew a drone with hacked no-fly and altitude limits above an airport approach path, filmed and posted it on social media with provocative comments; in August 2024 he was sentenced to three years for endangering public safety by dangerous means.
• Li (arrest approved December 2025): from August to December 2025, he flew a hacked drone at extreme altitude more than 20 times, often above 6,000 metres and twice above 8,000 metres, with some tracks entering civil aviation routes and coming within about 800 metres of airliners.
• Chen (criminal measures January 2026): in July 2025 he hacked the altitude limit and flew above 3,200 metres to film “through the clouds”; his flight area lay between two main civil aviation routes where the lowest airliner altitude was just over 2,800 metres.

4. Beyond pilots: three kinds of “helpers” also held liable

First, those who provide services to hack altitude and no-fly restrictions. Article 285(3) of the Criminal Law: “Whoever provides programs or tools specially used for intruding into or illegally controlling computer information systems, or knowingly provides programs or tools to others committing such acts, where the circumstances are serious, shall be punished under the preceding paragraph.” This is the crime of providing programs or tools for intruding into or illegally controlling computer information systems. In the published cases: Li provided hacking for 221 customers, earning over RMB 90,000, and in December 2023 was sentenced to three years suspended for three years plus a fine; Zhang served over 20 drones, earning over RMB 15,000, and got six months suspended for one year; Zhu served over 50, earning over RMB 40,000, and his arrest was approved in December 2025. Four people who referred more than 210 customers to Li, earning over RMB 40,000, were also convicted of the same offence — referring business can be a crime too.

Second, those who forge seals to help people “lift airspace restrictions”. Article 280(1) of the Criminal Law (excerpt): forging, altering or trading official documents, certificates or seals of state organs is punishable by up to three years’ imprisonment, criminal detention, public surveillance or deprivation of political rights, plus a fine; in serious cases, 3–10 years plus a fine. Wang forged 9 official seals and stamped more than 200 flight application documents for others to request removal of airspace restrictions from drone manufacturers, earning over RMB 70,000; criminal measures were taken in December 2025. Note: a manufacturer unlocking a device is not the same as flight approval from air traffic management.

Third, those who livestream while flying over military zones. Feng flew a drone with modified battery cells while livestreaming on social media, passing over a military restricted zone and showing the interior of a military airfield; in September 2025 criminal measures were taken on suspicion of negligently leaking state secrets. Article 398 of the Criminal Law (excerpt): state functionaries who intentionally or negligently leak state secrets in breach of the Law on Guarding State Secrets, where serious, are punishable by up to three years’ imprisonment or criminal detention; non-state functionaries committing this crime are punished under the same paragraph as appropriate.

5. If you’re flying — or already under investigation: five steps

• Check the airspace before flying and apply in advance where needed. The specific scope of controlled airspace is published by city-level governments and above; 120 metres is a hard line. To fly in controlled airspace, apply to air traffic management by 12:00 the day before.
• Don’t buy hacking services or hack for others. Hacking only removes device limits; it produces no approval. Providing or referring hacking services may fall directly under Article 285(3).
• Don’t touch the data after being investigated. Flight logs, controller and app logs, platform videos, and payments and tutorials in chats are core material for establishing “knowledge”; deleting, wiping or uninstalling works against you.
• Consult a lawyer early. “Black flight” ranges from administrative fines and detention to endangering public safety (3–10 years), with further offences where military facilities or state secrets are involved; Article 56 of the Regulations also imposes civil liability for personal or property damage.

6. What I checked and what I didn’t

Provisions: Articles 10, 19, 26, 47, 51 and 56 of the Interim Regulations on Flight Management of Unmanned Aircraft; Article 46 of the Public Security Administration Punishments Law; and Articles 114, 280, 285 and 398 of the Criminal Law were checked against current versions.

Cases: the facts and procedural stages of the eight cases above come from the Ministry of Public Security’s Typical Cases on Combating Unauthorised Drone Flights published on 4 February 2026, as carried by Xinhua and China News Service; I did not obtain each judgment. “Arrest approved” and “criminal measures taken” are procedural steps, not convictions; details are subject to effective judgments. China is promoting the low-altitude economy and refining airspace classification, but encouraging development does not mean exemption from approval. If you or your family face issues with drone flights, hacking tools or related criminal proceedings, contact Wang Xin: phone +86 186-0113-9509, WeChat wang223040.

This is an English edition of Wang Xin’s original Chinese article, 无人机破解限高飞上8000米，为什么不是罚款而是坐牢？. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.