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In November 2019 the unnamed teenager was the first protester to be found guilty of carrying a laser pointer as an offensive weapon. He was sentenced to a rehabilitation center for three months.
During his May 2020 appeal, defense counsel said the laser pointer could have been used peacefully to point at buildings and draw attention. Counsel further said there was no evidence the teen had used the pointer, and that he had been cooperative with police.
However, the appeals judge agreed with prosecutors at the November 2019 trial. They said the teen was wearing protest gear including a helmet and he must have intended to use it to inflict harm or discomfort upon others. The judge also noted the teen did not present evidence or testify to contradict the prosecutors' claims.
The judge also said that using laser pointers on buildings for peaceful protest was "a fanciful notion".
A government expert testified that the laser device could cause harm if it were pointed at the human eye within a distance of 36 meters (118 feet).
From the South China Morning Post
COMMENTARY FROM LASERPOINTERSAFETY.COM
The 36 meter "ocular damage" distance probably refers to the laser's Nominal Ocular Hazard Distance. For a handheld laser with a typical beam of 1 milliradian beam spread, this corresponds to a laser of roughly 25 milliwatts. (The laser color would not be a factor in injury, only the power and divergence.)
In many countries the legal limit for a laser pointer is 1 mW; in the U.S. pointers of up to 5 mW are allowed to be sold.
A NOHD of 36 meters does not mean that injury will occur at that distance. As explained elsewhere, there is a safety or reduction factor built into the NOHD. At around 12 meters (39 feet), a 25 mW 1 mrad beam with a nominal 1/4 second exposure could cause the smallest detectable change in the retina about half the time, under laboratory conditions. Beyond 12 meters the chance of injury becomes even less until at the 36 meter NOHD it is considered an allowable exposure.
A one-quarter second exposure is used in the laser safety field for cases of accidental or unwanted beams. A person will blink, move or otherwise avoid eye exposure the laser light within that time.
The Virginia Beach City Public Schools’ “Code of Student Conduct” prohibits weapons in school. It specifically addresses pointers: “When a laser pen is used to threaten, intimidate or injure, it is considered a weapon.”
The boy’s father, Paul Mulcahy, told LaserPointerSafety.com that his son only aimed a legal, low-powered laser pointer at lockers and the wall in Landstown Middle School. He said it was never used in an aggressive or potentially harmful manner. Mulcahy's account was not disputed by the school.
Mulcahy wrote “no kid should be suspended or expelled for having a cat toy at school…. A ‘spork’ from the cafeteria if used to threaten, intimidate or injure would be a more likely weapon than a 2 mW laser pointer.”
During an initial meeting on May 30, principal John Parkman told Mulcahy he was instructed to use a “Discipline Guidelines” document not available to parents, students or the public. The principal did email the father a page from the Discipline Guidelines about laser pointers which seemed to restate the Code of Conduct language. (The VBCPS Office of Student Leadership confirmed on June 11 that the Discipline Guidelines are "administration-only.")
At a second meeting on June 2, the principal said the VBCPS Office of Student Leadership decided the infraction was “Inappropriate Property” and there would be no further punishment or action beyond the two-week suspension that had already occurred.
The Code of Student Conduct defines inappropriate property as follows: “The unauthorized possession of use of any type of personal property, which disrupts the educational process, is prohibited. Specifically prohibited are electronic devices when they are not authorized or being used for academic purposes (including cell phones), lighters and other items deemed inappropriate….”
In the Discipline Guidelines, the recommended penalty for Inappropriate Property depends on the property. One option is a verbal warning or reprimand called “Level 1.” The penalty for the boy turned out to be Level 6, suspension 6-10 days. As stated above, Mulcahy had been told that expulsion was also possible. Expulsion is "Level 8," the highest punishment level.
On June 9, the school returned the laser pointer to Mulcahy.
Mulcahy says he has retained a lawyer and may take action against the principal and/or school board.
Click to read more...
The undated attack was discussed in an October 9 2017 press release from Dr. Valev’s institution, the University of Bath. The goal of the press release was to warn the public about laser pointers which may seem safe but are too powerful and/or emit infrared light in addition to visible light.
Dr. Valev and colleagues tested laser pointers at the university, and found the potentially unsafe conditions.
As part of the press release, Dr. Valev related a laser pointer attack that occurred in his home. He said his daughter was asleep at the time so no light entered her closed eyes. Dr. Valev said “… I got only momentarily dazed, but suddenly everything became red. I was thinking that perhaps I was experiencing a medical condition, but my wife saw someone shining a pointer at me from outside our home.”
Click the “read more” link to read the entire press release. Click to read more...
In addition, the person was charged with disorderly conduct by the Detroit City Prosecutor’s Office. This is a misdemeanor and would require payment of a small fine ($50, according to WSJM.com).
Finally, the Ford Field season ticket holder whose tickets were used by the laser-wielding person has had his tickets revoked for the remainder of the 2014 football season (e.g., five regular season home games).
In the October 9 press release, Detroit Lions president Tom Lewand wrote “[T]his occurrence was unique in that it could have affected the integrity of the game and more importantly could have jeopardized player safety.”
The Lions’ statement did not name the individual. Detroit city attorney Melvin Hollowell identified the person as a 17-year-old from the Detroit-area township of West Bloomfield, Michigan.
ESPN reported that the person was “Mark Beslach”, ABC News reported he was “Marko Beslach, a recent high-school graduate.”
The person identified as Marko Beslach by ABC News on its program “World News Tonight”
In a statement to the press, Lewand was asked if the season-ticket holder was the youth’s father. Lewand declined to give specifics but did say there was a close relationship between the laser perpetrator and the ticket holder.
A person with the account “Marko Beslach” tweeted before and after the game on October 5, about having a laser pointer and having used it on Buffalo Bills quarterback Kyle Orton. The tweet was later deleted, but not before a screenshot was recorded.
Lewand said the tweets were part of how they found the perpetrator: “I certainly don’t think he did himself any favors by talking about it.”
The Lions said that stadium security and operations staffs worked with team security, NFL security, and Detroit Police to find and penalize the perpetrator.
The ban will be implemented, according to Lewand, using technologies such as paperless ticketing, camera monitoring systems and identification processes. If the ban was violated, the person would be prosecuted for trespassing.
Lewand also noted that ticket holders who sell their tickets are responsible for the behavior of the buyers. The sellers could lose their rights to tickets if the buyer causes problems.
Laser pointers are banned from all 32 NFL stadiums.
From the Detroit Lions press release, ESPN, ABC News, WSJM.com and FOX Sports. For details about the original incident, and the initial reports about the Marko Beslach tweets, see this LaserPointerSafety.com story.
UPDATED - October 10 2014: News source MLive.com reported that the father of the laser-wielding youth has asked for police protection due to harassment from Buffalo Bills fans. Details are in this LaserPointerSafety.com story.
UPDATED - June 29 2015: Marko Beslach in November 2014 pleaded guilty to a misdemeanor charge of disorderly conduct. He was fined $235, had to do 80 hours of community service, and was given a one-year suspended sentence. He will have his case reviewed November 23 2015. From the Detroit Free Press.
"Everyone is speaking badly of me, but why don't people criticize the lasers that were being aimed into my eyes?” Ronaldo said at a press conference. He intends to ask the Union of European Football Associations to take action to ban laser pointers from stadiums.
From Bettor.com, ESPN, and Yahoo!Sports