First Substitute S.B. 155

Senator D. Edgar Allen proposes to substitute the following bill:

1 UNLAWFUL USE OF A LASER POINTER
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: D. Edgar Allen
5 AN ACT RELATING TO THE UTAH CRIMINAL CODE; CREATING THE CRIME OF
6 UNLAWFUL USE OF A LASER POINTER; ESTABLISHING PENALTIES; AND PROVIDING
7 DEFINITIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 76-10-2401, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-10-2401 is enacted to read:
13 Part 24. Unlawful Use of a Laser Pointer
14 76-10-2401. Unlawful use of a laser pointer.
15 (1) As used in this section:
16 (a) "Laser pointer" means any portable device that emits a visible beam of laser light that
17 may be directed at a person.
18 (b) "Law enforcement officer" means an officer under Section 53-13-103 .
19 (2) A person is guilty of unlawful use of a laser pointer if the person directs a beam of laser
20 light from a laser pointer at:
21 (a) a moving motor vehicle or its occupants; or
22 (b) one whom the person knows or has reason to know is a law enforcement officer.
23 (3) It is an affirmative defense to a charge under Subsection (2)(b) that:
24 (a) the law enforcement officer was not in uniform, not traveling in a vehicle identified as
25 a law enforcement vehicle, and not otherwise engaged in an activity that would give the person

26 reason to know him to be a law enforcement officer; and
27 (b) the law enforcement officer was not otherwise known by the person to be a law
28 enforcement officer.
29 (4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is a class
30 C misdemeanor.