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US: New federal law makes aiming laser at watercraft a felony
23 Jan 2021 -- Categories: Bans & Restrictions | Laws | Ways to reduce incidents | Commentary from LPS.com | SLA news
A new federal law makes it illegal "to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States." The vessels include Coast Guard patrol boats, ferries, merchant ships and small watercraft.
The provision was added as part of the National Defense Authorization Act for FY2021, which became law on January 1 2021. It will be added to Title 46 United States Code, Chapter 700, Subchapter II, section 70014 entitled "Aiming laser pointer at vessel."
The law lists exceptions: "This section shall not apply to a member or element 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."
It also defines laser pointer as follows: "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.''
According to the U.S. Coast Guard Investigative Service, "[o]ffenders who target a Coast Guard vessel with a laser pointer and harm an officer can receive up to $25,000 in civil fines, and criminal penalties can include up to 25 years imprisonment."
Text of the Enrolled Bill is available from Congress.gov. As of January 27, 2021 the text of the Public Law 116-283 has not been uploaded. Comments by the CGIS are from an article in The Maritime Executive.
COMMENTARY FROM LASERPOINTERSAFETY.COM
This is the maritime version of the February 2012 law prohibiting aiming laser pointers at aircraft, U.S.C. Title 18, Chapter 2, Sec. 39A. There are some interesting differences.
The 2021 maritime law prohibits a beam from striking a vessel on the navigable waters. The 2012 aviation law prohibits aiming at an aircraft or at the flight path of an aircraft. Apparently aiming at a maritime vessel would not be illegal unless it struck the vessel.
The 2021 maritime law has one exception, for the Defense or Homeland Security departments. The 2012 aviation law has four exemptions. The first is for FAA, aircraft manufacturers, and FAA-authorized persons doing research or flight tests. The second is identical to the 2021 DoD and DHS exemption. The third exemption is for persons using a laser emergency signaling device to send a distress signal. The fourth allows the Justice Department in consultation with the Department of Transportation to provide additional exemptions; these are not considered or allowed under the 2021 law.
Both laws, 2021 and 2012, have an identical definition of "laser pointer."
The provision was added as part of the National Defense Authorization Act for FY2021, which became law on January 1 2021. It will be added to Title 46 United States Code, Chapter 700, Subchapter II, section 70014 entitled "Aiming laser pointer at vessel."
The law lists exceptions: "This section shall not apply to a member or element 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."
It also defines laser pointer as follows: "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.''
According to the U.S. Coast Guard Investigative Service, "[o]ffenders who target a Coast Guard vessel with a laser pointer and harm an officer can receive up to $25,000 in civil fines, and criminal penalties can include up to 25 years imprisonment."
Text of the Enrolled Bill is available from Congress.gov. As of January 27, 2021 the text of the Public Law 116-283 has not been uploaded. Comments by the CGIS are from an article in The Maritime Executive.
COMMENTARY FROM LASERPOINTERSAFETY.COM
This is the maritime version of the February 2012 law prohibiting aiming laser pointers at aircraft, U.S.C. Title 18, Chapter 2, Sec. 39A. There are some interesting differences.
The 2021 maritime law prohibits a beam from striking a vessel on the navigable waters. The 2012 aviation law prohibits aiming at an aircraft or at the flight path of an aircraft. Apparently aiming at a maritime vessel would not be illegal unless it struck the vessel.
The 2021 maritime law has one exception, for the Defense or Homeland Security departments. The 2012 aviation law has four exemptions. The first is for FAA, aircraft manufacturers, and FAA-authorized persons doing research or flight tests. The second is identical to the 2021 DoD and DHS exemption. The third exemption is for persons using a laser emergency signaling device to send a distress signal. The fourth allows the Justice Department in consultation with the Department of Transportation to provide additional exemptions; these are not considered or allowed under the 2021 law.
Both laws, 2021 and 2012, have an identical definition of "laser pointer."