U.S. national, state and local laws
The following are some laws and regulations relating to laser pointers. This is not a comprehensive list, and it does not cover all laser-related laws (such as laws in Arizona, Texas, New York and elsewhere for the registration of laser equipment and/or laser show operators).
This list is intended to provide a starting point for additional research, and to illustrate how legislators attempt to define various terms and regulate various actions.
Please feel free to email us with any additional laws for this list. Also, this 1999 paper and this 1999 story may have some useful, if dated, information.
The following are some laws and regulations relating to laser pointers. This is not a comprehensive list, and it does not cover all laser-related laws (such as laws in Arizona, Texas, New York and elsewhere for the registration of laser equipment and/or laser show operators).
This list is intended to provide a starting point for additional research, and to illustrate how legislators attempt to define various terms and regulate various actions.
Please feel free to email us with any additional laws for this list. Also, this 1999 paper and this 1999 story may have some useful, if dated, information.
- NATIONAL LAWS
- U.S. FDA/CDRH: 21 CFR 1040.10/11
- U.S. (proposed 2005-2010): Securing Aircraft Cockpits Against Lasers Act
- U.S. (proposed by ILDA): ILDA's "Protecting Pilots Against Lasers Act"
- STATE AND LOCAL LAWS
- ARIZONA: Aiming a laser pointer at a peace officer
- ARKANSAS: Law enforcement; minors
- CALIFORNIA: Laser regulations
- FLORIDA: Law enforcement and illuminating vehicles
- ILLINOIS, statewide: General requirements
- ILLINOIS, county of Champaign: Possession and use
- ILLINOIS, village of Westchester: City bans possession by minors
- INDIANA: Laser pointer laws
- LOUISIANA, city of Baton Rouge
- MARYLAND, town of Ocean City: Harassment prohibited
- MICHIGAN, city of Dearborn: Unlawful to harass
- MINNESOTA: Crime to aim laser into cockpit
- NEW YORK CITY: Laser pointer regulations
- OREGON: "Unlawful directing" of a laser pointer
- TENNESSEE: Aiming a laser pointer at a law enforcement officer or similar
- TEXAS: Law enforcement and aircraft illumination
- UTAH: Unlawful use of a laser pointer
- VIRGINIA, city of Virginia Beach: Misdemeanor to aim into eyes
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NATIONAL LAWS
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U.S. FDA/CDRH: 21 CFR 1040.10/11The most important law covering U.S. lasers is 21 CFR 1040.10 and 1040.11. These cover laser products, and three uses of lasers (demonstrations, medical and surveying/alignment). The Food and Drug Administration's "Center for Devices and Radiological Health" issues regulations and reviews variances based on these laws. For more information, see the page at this website on U.S. regulatory agencies.
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U.S. (proposed 2005-2010): Securing Aircraft Cockpits Against Lasers ActThis bill has been introduced three times in the U.S. Congress. The current version (as of August 2010) is H.R. 5810, the Securing Aircraft Cockpits Against Lasers Act of 2010.
An analysis of HR 5810 is here. The International Laser Display Association has written its own version of this bill, which they consider is greatly improved (and which LaserPointerSafety.com supports). ILDA's proposed version of the bill is here.
THIS DID NOT PASS AND IS NOT A U.S. LAW. IT IS PRESENTED HERE FOR REFERENCE ONLY.
The Securing Cockpits Against Lasers Act
AN ACT
To amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Securing Aircraft Cockpits Against Lasers Act of 2007'.
SEC. 2. PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT.
(a) Offense- Chapter 2 of title 18, United States Code, is amended by adding at the end the following:
Sec. 39A. Aiming a laser pointer at an aircraft
(a) Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.
(b) As used in this section, the term `laser pointer' means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.
(c) This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by--
(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;
(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; or
(3) by an individual using a laser emergency signaling device to send an emergency distress signal.
(d) The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section, as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the House and Senate, the Committee on Transportation and Infrastructure in the House, and the Committee on Commerce, Science and Transportation in the Senate not less than 90 days before such regulations become final.
(b) Clerical Amendment- The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following new item:
39A. Aiming a laser pointer at an aircraft.
LEGISLATIVE STATUS AND HISTORY
111th Congress, 2009-2010 HR 5810. Passed by the House of Representatives July 27 2010. Sent to the Senate Judiciary Committee
110th Congress, 2007-2008 HR 1615. Passed by the House May 22 2007. Was not voted on by the Senate
109th Congress, 2005-2006 HR 1400. Passed by the House Dec. 8 2005. Passed by the Senate Dec. 22 2005. No House-Senate conference, expired before it could be sent to the President
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U.S. (proposed by ILDA): ILDA's "Protecting Pilots Against Lasers Act"The International Laser Display Association has proposed a U.S. law that removes shortcomings in the "Securing Aircraft Cockpits Against Lasers" bill listed above, which was introduced into Congress in 2005, 2007and 2010. The full text of ILDA's proposed improvement is here.
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STATE AND LOCAL LAWS
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ARIZONA: Aiming a laser pointer at a peace officerArizona Revised Statutes
Title 13 Criminal Code
Section 13-1213 Aiming a laser pointer at a peace officer; classification; definition
A. A person commits aiming a laser pointer at a peace officer if the person intentionally or knowingly directs the beam of light from an operating laser pointer at another person and the person knows or reasonably should know that the other person is a peace officer.
B. Aiming a laser pointer at a peace officer is a class 1 misdemeanor.
C. For the purposes of this section, "laser pointer" means any device that consists of a high or low powered visible light beam used for aiming, targeting or pointing out features.
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ARKANSAS: Law enforcement; minorsThe following appear to be enacted laws in Arkansas. This is a summary; the exact language will be in the Act.
Law Enforcement Officers
Act 1271 (HB1314) - The act makes it unlawful to shine a laser light beam on a law enforcement officer and makes it a Class A misdemeanor.
Possession by Minors
Act 1408 (HB2192) - The act prohibits persons under the age of 18 years from possessing a hand-held laser pointer without the supervision of a parent, guardian or teacher and allows for the confiscation of the hand-held laser pointer by law enforcement officers.
Sale to Minors
Act 382 (HB1343) - The act prohibits the sale of hand-held laser pointers to minors and makes the offense punishable by a fine of $100.
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CALIFORNIA: Laser regulationsCalifornia Penal Code Sections 247.5, 248, 417.25, 417.26 and 417.27.
Section 247.5
Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this section, which shall be punishable as either a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment in the state prison for 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000). This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces.
As used in this section, "aircraft" means any contrivance intended for and capable of transporting persons through the airspace.
As used in this section, "laser" means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave.
Section 248
Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity capable of impairing the operation of an aircraft, at an aircraft, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
Section 417.25
(a) Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in subdivision (c), at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. For purposes of this section, the laser scope need not be attached to a firearm.
(b) As used in this section, "laser scope" means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.
(c) As used in this section, "laser pointer" means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.
Section 417.26
(a) Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in subdivision (c) of that section, at a peace officer with the specific intent to cause the officer apprehension or fear of bodily harm and who knows or reasonably should know that the person at whom he or she is aiming or pointing is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding six months.
(b) Any person who commits a second or subsequent violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year.
Section 417.27
(a) No person, corporation, firm, or business entity of any kind shall knowingly sell a laser pointer to a person 17 years of age or younger, unless he or she is accompanied and supervised by a parent, legal guardian, or any other adult 18 years of age or older.
(b) No student shall possess a laser pointer on any elementary or secondary school premises unless possession of a laser pointer on the elementary or secondary school premises is for a valid instructional or other school-related purpose, including employment.
(c) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of another person or into a moving vehicle with the intent to harass or annoy the other person or the occupants of the moving vehicle.
(d) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of a guide dog, signal dog, service dog, or dog being used by a peace officer with the intent to harass or annoy the animal.
(e) A violation of subdivision (a), (b), (c), or (d) shall be an infraction that is punished by either a fine of fifty dollars ($50) or four hours of community service, and a second or subsequent violation of any of these subdivisions shall be an infraction that is punished by either a fine of one hundred dollars ($100) or eight hours of community service.
(f) As used in this section, "laser pointer" has the same meaning as set forth in subdivision (c) of Section 417.25.
(g) As used in this section, "guide dog," "signal dog," and "service dog," respectively, have the same meaning as set forth in subdivisions (d), (e), and (f) of Section 365.5.
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FLORIDA: Law enforcement and illuminating vehiclesCHAPTER 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.062 Misuse of laser lighting devices.
(1) As used in subsection (2), the term "laser lighting device" means a hand-held device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. As used in subsection (3), the term "laser lighting device" means any device designed or used to amplify electromagnetic radiation by stimulated emission.
(2) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation, punishable as provided in s. 775.083.
(3) (a) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 2002-80; s. 1, ch. 2005-159.
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ILLINOIS, statewide: General requirementsSee this link for Illinois law about lasers in general. In this section, there does not appear to be anything specifically addressing laser pointer misuse or aircraft illumination.
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ILLINOIS, county of Champaign: Possession and useThis 1999 ordinance is interesting because it starts with a series of reasons for controlling laser pointers.
Ordinance No. 587
WHEREAS, laser pointers were developed for use in the educational and business community, and outside these contexts, serve no useful purpose in the hands of a minor;
WHEREAS, laser beams emitted by laser pointers if directed on an eye for several seconds can cause retinal damage;
WHEREAS, laser pointers are being used by individuals in such a manner as to harass, annoy and potentially cause bodily harm to those at whom they are directed; .
WHEREAS, aiming laser pointers at motorists may affect their ability to drive safely;
WHEREAS, the resemblance of the red dot emitted by laser pointers to that emitted by the laser sights of firearms creates a safety issue for law enforcement otfficers and others; and
WHEREAS, the Champaign County Sheriff s Office has received complaints regarding the use of laser pointers, and at least one officer has needed medical treatment because the laser beam from a laser pointer was directed at his eye;
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Champaign County Board as follows:
Article 1: GeneralProvisions
Section 1: Title and Period of Effectiveness
This ordinance shall be known as the "Ordinance Governing the Possession and Use of Laser Pointers." This ordinance shall be in full force and effect from and after its passage, unless repealed.
Section 2: Interpretation
Unless otherwise stated, for the purposes of this ordinance, present tense includes future tense, singular includes the plural, and vice versa, and the following words shall have the meaning herein indicated.
Section 3: Definitions
LASER POINTER is defined as any hand-held device, which emits light, amplified by the stimulated emission of radiation, which is visible to the human eye.
SCHOOL PROPERTY is defined as the buildings or grounds of any public elementary, secondary, or post-secondary school.
Section 4: Validity
If any court of competent jurisdiction shall declare any part of this ordinance to be invalid, such ruling shall not affect any other provision of this ordinance.
Article 2: Possessionof Laser Pointers by Minors
No person under the age of eighteen(18) years shall possess a laser pointer while on public property. Nothing contained in this section shall be deemed to prohibit possession of a laser pointer on school property by a student when such possession is pursuant to a legitimate educational purpose.
Article 3: Unlawful Use of Laser Pointer
Section 1. Use of laser pointer to alarm or disturb prohibited.
It shall be unlawful for any person to focus, point or shine a laser pointer on another person or in the immediate vicinity of such person, in such a manner as to alarm or disturb such person.
Section 2. Use of laser pointer to simulate the laser sight of a firearm prohibited.
It shall be unlawful for any person to focus, point or shinea laser pointer on another person or in the immediate vicinity of such person, in such a manner as to simulate the laser sight of a firearm.
Article 4: Penalty
Any violation of this ordinance shall be deemed a petty offense and shall be punishable by a fine not exceeding $500.
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ILLINOIS, village of Westchester: City bans possession by minorsThe village of Westchester, Illinois is a western suburb of Chicago, population 16,824 as of 2000. The village of Chicago Ridge has a similar ordinance, which can be found here.
Title 7 PUBLIC PEACE, SAFETY AND MORALS
Chapter 7.100 LASER POINTERS
7.100.010 Prohibited acts.
It is unlawful for any person less than eighteen years of age to have in his or her possession at any private or public place, except as provided herein, a laser pointer of the following type:
(1) A helium neon (HeNe) laser which typically operates at a wavelength of 6.32.8 nMe with the mandated power limit of 5mW of power. Said lasers are considered Class 2 lasers with the potential for eye injury; and
(2) A diode laser which typically operates at a wavelength of 670 nMe (although others are possible) with a power source providing 5mW. Said lasers are considered Class 3a lasers, with the potential for eye injury. (Ord. 99-1499 Art. I (part), 1999)
7.100.020 Transfer or sale to minor.
No person, firm or corporation shall sell to or provide a minor with a Class 2 or Class 3A laser pointer as described in this chapter unless the minor is accompanied by a parent or legal guardian at the time of purchase and transfer. No minor shall, at the time of purchase of such laser pointer, furnish fraudulent evidence of majority. No minor shall, except while accompanied by a parent or legal guardian, possess a Class 2 or Class 3a laser pointer as described in this chapter on any public property or any private property and with the express permission of the lawful owner or manager of the private property. Also provided, however, that the possession by a person under the age of eighteen years, under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home, shall not be prohibited. (Ord. 99-1499 Art. I (part), 1999)
7.100.030 Violation--Penalty.
Any person found guilty of an offense of this chapter shall be subject to a fine of not less than one hundred dollars or more than seven hundred fifty dollars including, but not limited to, confiscation and destruction of said laser pointer and/or any other penalties set forth by state law. (Ord. 03-1606 § 2 (part), 2003; Ord. 99-1499 Art. I (part), 1999)
7.100.040 Liability of parent or legal guardian.
The parent or legal guardian of an unemancipated minor defendant who resides with such parent or legal guardian shall be subject to those liabilities as enumerated in Section 7.100.030. (Ord. 99-1499 Art. I (part), 1999)
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INDIANA: Laser pointer lawsIndiana Code
Criminal Law and Procedure
Title 35, Section 35-47-4.5
IC 35-47-4.5
Chapter 4.5. Regulation of Laser Pointers
IC 35-47-4.5-1
Exceptions
Sec. 1. This chapter does not apply to the use of a laser pointer:
(1) for educational purposes by individuals engaged in an organized meeting or training class; or
(2) during the normal course of work or trade activities.
As added by P.L.70-2000, SEC.1.
IC 35-47-4.5-2
"Laser pointer" defined
Sec. 2. As used in this chapter, "laser pointer" means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
As added by P.L.70-2000, SEC.1.
IC 35-47-4.5-3
"Public safety officer" defined
Sec. 3. As used in this chapter, "public safety officer" means:
(1) a state police officer;
(2) a county sheriff;
(3) a county police officer;
(4) a correctional officer;
(5) an excise police officer;
(6) a county police reserve officer;
(7) a city police officer;
(8) a city police reserve officer;
(9) a conservation enforcement officer;
(10) a gaming agent;
(11) a town marshal;
(12) a deputy town marshal;
(13) a state educational institution police officer appointed under IC 21-39-4;
(14) a probation officer;
(15) a firefighter (as defined in IC 9-18-34-1);
(16) an emergency medical technician;
(17) a paramedic;
(18) a member of a consolidated law enforcement department established under IC 36-3-1-5.1; or
(19) a gaming control officer.
As added by P.L.70-2000, SEC.1. Amended by P.L.227-2005, SEC.11; P.L.170-2005, SEC.18; P.L.1-2006, SEC.536; P.L.2-2007, SEC.379; P.L.227-2007, SEC.69; P.L.3-2008, SEC.255.
IC 35-47-4.5-4
Directing laser pointer at public safety officer or state police motor carrier inspector
Sec. 4. A person who knowingly or intentionally directs light amplified by the stimulated emission of radiation that is visible to the human eye or any other electromagnetic radiation from a laser pointer at a public safety officer or a state police motor carrier inspector without the consent of the public safety officer or state police motor carrier inspector commits a Class B misdemeanor.
As added by P.L.70-2000, SEC.1. Amended by P.L.232-2003, SEC.2.
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LOUISIANA, city of Baton RougeThis one seems rather broad; up to six months for aiming a laser at another person without their consent.
Ordinances City of Baton Rouge, Louisiana and East Baton Rouge Parish, Louisiana
Sec. 13:502. Use of laser pointers.
(a) It shall be unlawful to aim a laser pointer beam or light at another person without that person's consent.
(b) All laser pointers which are used in violation of this ordinance shall be confiscated. Upon conviction, the violator shall be fined up to five hundred ($500.00) dollars, or be imprisoned for up to six (6) months, or both.
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MARYLAND, town of Ocean City: Harassment prohibitedThe ordinance can be found here.
An ordinance to amend Chapter 71, entitled Peace and Good Order, of the code of the town of Ocean City, Maryland.
Article IX
Laser Beams
§71-14 Harassment by laser beams prohibited.
It shall be unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person or animal in such a manner as to harass or annoy said person or animal, and any such person convicted thereof shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than Five Hundred Dollars ($500) or imprisonment for up to thirty (30) days or both.
Adopted and passed as an emergency ordinance July 20, 1998.
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MICHIGAN, city of Dearborn: Unlawful to harassThis 1998 ordinance gained national attention, as described here in a speech by the then-mayor. The speech also describes the incidents that led to this ordinance.
Ordinance No. 98-749
An ordinance to amend the Offenses Chapter (Chapter 14) of the code of the city of Dearborn by adding a new section 14-272, entitled, "Possession/Use of Laser Pointing Device"
M-272 Possession/Use of laser pointing device
(a) It shall be unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person or animal in such a manner as to harass, annoy, or injure said person or animal.
(b) It shall be unlawful for any person under the age of eighteen years to possess a laser pointing device. A person shall not be in violation of this section if his possession of a laser emitting device is necessary for his employment, trade or occupation and it is necessary for the pointer to be carried on his person.
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MINNESOTA: Crime to aim laser into cockpitBeginning August 1, 2009, a new Minnesota law (SF1408) makes it a gross misdemeanor when a person "knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight."
Rick Hansen, the South St. Paul state legislator who introduced the bill, said in a press release: “Before August 1 you could point an over-the-counter laser right into the cockpit of a moving plane, put people’s lives at risk, and never be prosecuted. It’s happened before in Minnesota, and it will happen again; unless we do something about it.”
The release also noted that "Currently federal law prohibits this dangerous behavior for larger airplanes, but the crime has been rarely prosecuted at the federal level. In an effort to prevent laser-induced aircraft accidents, the new statute gives Minnesota law enforcement officials the right to arrest and prosecute any person knowingly discharging a laser at an airplane."
An additional link, with a news story video on the new law, is from KSTP, Channel 5.
Incidentally, just three days after the law took effect a 17-year-old was facing possible charges after targeting a Minnesota state patrol helicopter. A news story from KARE, Channel 11 in Minneapolis-St. Paul reported that "state patrol pilots have logged at least four such incidents [in] the past two years.
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NEW YORK CITY: Laser pointer regulationsNew York City Administrative Code Section 10-134.2 Regulation of laser pointers
a. Definitions. For purposes of this section:
(1) "Laser pointer" means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
(2) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) "School premises" means the buildings, grounds or facilities, or any portion thereof, owned, occupied by, or under the custody or control
of public or private institutions for the primary purpose of providing educational or recreational instruction to students, and any vehicles
owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.
b. It shall be unlawful for any person to give, sell or offer to sell or cause any person to give, sell or offer to sell a laser pointer to any individual eighteen years of age or younger.
c. No person who sells or offers for sale laser pointers shall place such laser pointers on open display so that such laser pointers are accessible to the public without the assistance of such seller, or his or her employee or other agent, offering such laser pointers for sale, unless:
(1) such laser pointers on open display are clearly and fully visible from a place of payment for goods or services or customer information at which such seller or an employee or other agent of such seller is usually present during hours when the public is invited or
(2) such laser pointers are in a package, box or other container provided by the manufacturer, importer or packager that is larger than forty-one square inches. Further, it shall be unlawful to display laser pointers in any manner or to post a sign advertising the availability of laser pointers unless a notice has been posted, in a form and manner prescribed by rule of the department of consumer affairs, indicating that the sale or giving of laser pointers to persons eighteen years of age or younger is a misdemeanor.
d. It shall be unlawful for any person twenty years of age or younger to possess a laser pointer on school premises, unlawful for any person eighteen years of age or younger to possess a laser pointer while in a public place and unlawful for any person to direct light emitted from a laser pointer into or through a public place; provided, however, that nothing in this section shall preclude:
(1) the temporary transfer on school premises of a laser pointer to, or possession on school premises of a laser pointer by, a person twenty years of age or younger for a valid instructional, school-related or employment purpose, where such laser pointer is used under the supervision of a school staff person, other authorized instructor, employer or employer's agent; or
(2) the temporary transfer in a public place of a laser pointer to, or possession in a public place of a laser pointer by, a person eighteen years of age or younger, during such person's hours of employment, for a valid employment purpose, where such laser pointer is used under the supervision of the employer or employer's agent; or
(3) the direction of light from a laser pointer into or through a public place by a person nineteen years of age or older, during such person's hours of employment, for a valid employment purpose.
e. It shall be unlawful for any person to direct light from a laser pointer at a uniformed police officer, uniformed security guard, uniformed school safety officer, uniformed traffic enforcement agent, uniformed member of a paid or volunteer fire department, uniformed emergency medical service worker or uniformed ambulance worker, or other uniformed city, state or federal peace officer, investigator or emergency service worker, or the marked service vehicle of any such individual.
f. When a person is found to possess a laser pointer while in a public place or on school premises in violation of subdivision d of this section, it is an affirmative defense that:
(1) such person was traveling to or from school premises, where the laser pointer would have been or was used for a valid instructional, school-related or employment purpose under the supervision of a school staff person, other authorized instructor, employer or employer's agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner; or
(2) such person was traveling to or from his or her place of employment, where the laser pointer would have been or was used during such person's hours of employment, for a valid employment purpose, under the supervision of the employer of employer's agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner.
g. Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of subdivisions b and c of this section. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of the department shall have the power to impose civil penalties for a violation of subdivision b or c of this section as follows: not more than three hundred dollars for the first violation; not more than five hundred dollars for the section violation by the same person within a two-year period; and not more than one thousand dollars for the third and all subsequent violations by the same person within a two-year period. For purposes of determining whether a violation of subdivision b or subdivision c of this section should be adjudicated as a second, third or subsequent violation, violations of subdivision b and violations of subdivision c of this section by the same person within a two-year period shall be aggregated.
h. Any person who violates subdivision b, c or e of this section shall be guilty of a misdemeanor. Any person who violates subdivision d of this section shall be guilty of a violation for a first offense and a misdemeanor for all subsequent offenses.
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OREGON: "Unlawful directing" of a laser pointerOregon Statutes
Chapter 163 - Offenses Against Persons
Section 163.709 - Unlawful directing of light from a laser pointer.
(1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:
(a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or
(b) A uniformed private security professional as defined in ORS 181.870 who is on duty.
(2) The offense described in this section, unlawful directing of light from a laser pointer, is a Class A misdemeanor.
(3) As used in this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. [1999 c.757 §1; 2005 c.447 §9]
Note: 163.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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TENNESSEE: Aiming a laser pointer at a law enforcement officer or similarThis law was apparently signed by Tennessee's governor on June 9, 2009.
STATE OF TENNESSEE PUBLIC CHAPTER NO. 387
HOUSE BILL NO. 815 By Representatives Campfield, Evans, Hardaway, Rich
Substituted for: Senate Bill No. 1243 By Senator Bunch
AN ACT to amend Tennessee Code Annotated, Section 39-16-515, relative to emergency service personnel.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-16-515, is amended by deleting subsection (a) in its entirety and by substituting instead the following:
(a) It is an offense for a person to knowingly activate and point a laser pointer or other device utilizing a laser beam at an individual known to be a law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel, while the individual is in the performance of the individual’s official duties, with the intent to place such individual in fear of serious bodily injury or death.
SECTION 2. Tennessee Code Annotated, Section 39-16-515(b)(1), is amended by deleting the language “The law enforcement officer”, and by substituting instead the language “The law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel”.
SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.
PASSED: May 28, 2009
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TEXAS: Law enforcement and aircraft illuminationTEXAS PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.13. Use of Laser Pointers
(a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.
(b) In this section, "laser pointer" means a device that emits a visible light amplified by the stimulated emission of radiation.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003.
Sec. 42.14. Illumination of Aircraft by Intense Light
(a) A person commits an offense if:
(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and
(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft.
(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.
(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) In this section, "laser pointer" has the meaning assigned by Section 42.13.
Added by Acts 2007, 80th Leg., R.S., Ch. 680, Sec. 1, eff. September 1, 2007.
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UTAH: Unlawful use of a laser pointerUtah Code
Title 76 Utah Criminal Code
Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals
Section 2501 Unlawful use of a laser pointer -- Definitions -- Penalties.
76-10-2501. Unlawful use of a laser pointer -- Definitions -- Penalties.
(1) As used in this section:
(a) "Laser light" means light that is amplified by stimulated emission of radiation.
(b) "Laser pointer" means any portable device that emits a visible beam of laser light that may be directed at a person.
(c) "Law enforcement officer" means an officer under Section 53-13-103.
(2) A person is guilty of unlawful use of a laser pointer if the person directs a beam of laser light from a laser pointer at:
(a) a moving motor vehicle or its occupants; or
(b) one whom the person knows or has reason to know is a law enforcement officer.
(3) It is an affirmative defense to a charge under Subsection (2)(b) that:
(a) the law enforcement officer was:
(i) not in uniform;
(ii) not traveling in a vehicle identified as a law enforcement vehicle; and
(iii) not otherwise engaged in an activity that would give the person reason to know him to be a law enforcement officer; and
(b) the law enforcement officer was not otherwise known by the person to be a law enforcement officer.
(4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is a class C misdemeanor.
(5) If the violation of this section constitutes an offense subject to a greater penalty under another provision of Title 76, Utah Criminal Code, than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.
Enacted by Chapter 67, 2001 General Session
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VIRGINIA, city of Virginia Beach: Misdemeanor to aim into eyesThe copy here is not signed, but this does appear to be an ordinance which passed and still applies in Virginia Beach, Virginia. Interestingly, it appears to be one of the few "laser laws" which also applies to a flashlight.
An ordinance to amend the city code by adding a new section prohibiting any person from directing the beam from a laser pen, flashlight or similar device into the eyes of another person.
Section 23-11.3 of the City Code
Directing beam of laser pen, flashlight or similar device into the eyes of another person
It shall be unlawful and a Class 2 misdemeanor for any person to intentionally, and without good cause, direct the beam from a laser pen, flashlight or similar device into the eyes (or eye) of another person.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of August, 1998.