S.B. 101

1

UNLAWFUL USE OF LASER POINTERS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: D. Edgar Allen
5 This act modifies the Criminal Code to create the offense of unlawful use of a laser pointer.
6 The act provides definitions and penalties.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 76-10-2401, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-10-2401 is enacted to read:
12 Part 24. Unlawful Use of a Laser Pointer
13 76-10-2401. Unlawful use of a laser pointer.
14 (1) As used in this section:
15 (a) "Laser pointer" means any portable device that emits a visible beam of laser light that
16 may be directed at a person.
17 (b) "Law enforcement officer" means an officer under Section 53-13-103 .
18 (2) A person is guilty of unlawful use of a laser pointer if the person directs a beam of laser
19 light from a laser pointer at:
20 (a) a moving motor vehicle or its occupants; or
21 (b) one whom the person knows or has reason to know is a law enforcement officer.
22 (3) It is an affirmative defense to a charge under Subsection (2)(b) that:
23 (a) the law enforcement officer was:
24 (i) not in uniform;
25 (ii) not traveling in a vehicle identified as a law enforcement vehicle; and
26 (iii) not otherwise engaged in an activity that would give the person reason to know him
27 to be a law enforcement officer; and

28 (b) the law enforcement officer was not otherwise known by the person to be a law
29 enforcement officer.
30 (4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is a class
31 C misdemeanor.




Legislative Review Note
as of 11-29-00 12:50 PM

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

Office of Legislative Research and General Counsel