S.B. 155

1

USE, POSSESSION, OR SALE OF LASER
2 POINTERS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: D. Edgar Allen
6 AN ACT RELATING TO THE UTAH CRIMINAL CODE; CREATING THE CRIME OF
7 UNLAWFUL USE, POSSESSION, OR SALE OF A LASER POINTER; ESTABLISHING
8 PENALTIES; AND PROVIDING DEFINITIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 76-10-2401, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-2401 is enacted to read:
14 Part 24. Unlawful Use, Possession, or Sale of a Laser Pointer
15 76-10-2401. Unlawful use, possession, or sale of a laser pointer.
16 (1) As used in this section:
17 (a) "Laser pointer" means a portable device that emits a visible beam of laser light that may
18 be directed at a person and:
19 (i) includes:
20 (A) pen-like devices; and
21 (B) pens, jewelry, watches, novelty items, and other devices that are designed with a
22 built-in laser; and
23 (ii) does not include:
24 (A) sighting instruments designed for attachment to a firearm or an archer's bow;
25 (B) devices designed solely for use in laser tag games; and
26 (C) construction tools, survey instruments, binoculars, and, except as provided in
27 Subsection (1)(a)(i)(B), other equipment intended for a use other than instruction or presentation.

28 (b) "Law enforcement officer" means an officer under Section 53-13-103 .
29 (c) "Minor" means a person younger than 18 years of age.
30 (2) A person is guilty of unlawful use, possession, or sale of a laser pointer if the person:
31 (a) directs a beam of laser light from a laser pointer at:
32 (i) another person's or an animal's eyes;
33 (ii) the occupants of a motor vehicle; or
34 (iii) one who should reasonably be known by the person to be a law enforcement officer;
35 (b) is a minor and, except as provided in Subsection (3), uses or possesses a laser pointer;
36 or
37 (c) sells a laser pointer to a minor.
38 (3) Under the supervision of an adult a minor may use or possess a laser pointer in a school
39 or other setting:
40 (a) to make an audio visual or other presentation; or
41 (b) to provide instruction.
42 (4) It is an affirmative defense to a charge under Subsection (2)(a)(iii) that:
43 (a) the law enforcement officer was not in uniform, not traveling in a vehicle identified as
44 a law enforcement vehicle, and not otherwise engaged in an activity that would reasonably cause
45 him to be known by the person as a law enforcement officer; and
46 (b) the law enforcement officer was not otherwise known by the person to be a law
47 enforcement officer.
48 (5) Violation of Subsection (2) is an infraction, except that violation of Subsection
49 (2)(a)(iii) is a class C misdemeanor.
50 (6) Nothing in this section may be construed as limiting the ability of a school, public or
51 private sports arena, or other organization to restrict the use, possession, and sale of laser pointers
52 on its premises.




Legislative Review Note
as of 1-25-00 5:58 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel