All drone operators in the USA would do well to read Jonathan Rupprecht’s latest missive, I will be sure to ask him all about it on Tuesday 21:00 GMT on our YouTube channel.
Depending on the type of TFR, you can get punished in three different ways for a TFR violation: (1) you can be criminally punished up to a maximum of 1 year in federal prison and a $100,000 fine, (2) you can have your pilot license suspended or revoked, and/or (3) receive a civil penalty by itself or on top of the $100,000 fine.
Sometimes you can get charged with multiple violations for one flight. For example, a pilot operating under Part 91 can be charged with violating 14 CFR 91.103 which requires him to conduct a pre-flight check of all available information before a flight. Likewise, the remote pilot of a drone would be required by 107.49 to be familiar with the airspace prior to flight.
The Part 61 pilot in this case got charged with a violation of 91.103 & 91.137 for the same flight by the FAA. He was stuck between a rock and a hard place. Why? There were only two options: either he did NOT check for TFRs (a violation of the FARs) or he did check and intentionally went into the TFR (a violation of federal criminal code).