I live in a rural area with my closest neighbor approximately 100 yards away from my house. If a drone ever hovers over my home or yard it will be shot out of the sky by a load of #6 bird shot from my Remington shotgun. I don't think my rural county has any law or ordinance that would make my act illegal. OTOH, it's more likely that the drone's owner would be in violation of some state or county ordinance. But in either case it would be hard to prove that the loss of a drone actually occurred if there is no proof that the drone was ever in the immediate vicinity of my property.
Of course I wouldn't lie about any of the events leading up to my action in that kind of situation, but I don't believe that the county sheriff would arrest me nor would a judge find me guilty of breaking a law that doesn't exist.
The loss of the drone would be proven if operator was recording the live feed from the camera. Of course, depending on what else was recorded, he may not want to submit such evidence to the court.