First Substitute S.B. 101

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

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, penalties, and defenses.
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 light" means light that is amplified by stimulated emission of radiation.
16 (b) "Laser pointer" means any portable device that emits a visible beam of laser light that
17 may be directed at a person.
18 (c) "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:
25 (i) not in uniform;

26 (ii) not traveling in a vehicle identified as a law enforcement vehicle; and
27 (iii) not otherwise engaged in an activity that would give the person reason to know him
28 to be a law enforcement officer; and
29 (b) the law enforcement officer was not otherwise known by the person to be a law
30 enforcement officer.
31 (4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is a class
32 C misdemeanor.
33 (5) If the violation of this section constitutes an offense subject to a greater penalty under
34 another provision of Title 76, Utah Criminal Code, than is provided under this section, this section
35 does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.