ORIGINAL: bogbeagle
Not sure that a machine can commit any offence. If I take a picture of you as I walk past your house, can you prosecute my camera?
If my machine flies over your house and takes your picture ... where is the harm or loss?
You don't own the sky above your property ... so you don't have any exclusive right to its use, afaics.
Dunno about the US, but in the UK, trespass is not a criminal offence. You can't be arrested or prosecuted for trespass ... only for the damage that you cause. Most often, any such damage requires a civil remedy, rather than a criminal one.
You would not be commiting trespassing as you did not cross the property boundry. That boundry line extends up to the minimum altitude limits of the FAA.
Yes you do own the air above your property. Do a search on AIR RIGHTS.