1     
LASER POINTER AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the criminal offense of unlawful use of a laser pointer.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the criminal offense of unlawful use of a laser pointer to include conduct
14     concerning an aircraft or the aircraft's occupants;
15          ▸     provides criminal penalties; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          76-10-2501, as enacted by Laws of Utah 2001, Chapter 67
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 76-10-2501 is amended to read:
27          76-10-2501. Unlawful use of a laser pointer .
28          (1) As used in this section:
29          (a) "Aircraft" means the same as that term defined in Section 72-10-102.
30          (b) "Laser light" means light that is amplified by stimulated emission of radiation.
31          [(b)] (c) "Laser pointer" means any portable device that emits a visible beam of laser
32     light that may be directed at [a person] an individual.
33          [(c)] (d) "Law enforcement officer" means an officer under Section 53-13-103.
34          (2) [A person is guilty of] An actor commits unlawful use of a laser pointer if the
35     [person] actor directs a beam of laser light from a laser pointer at:
36          (a) a moving motor vehicle or [its] the occupants of a moving motor vehicle; [or]
37          (b) one whom the [person] actor knows or has reason to know is a law enforcement
38     officer[.]; or
39          (c) an aircraft or the occupants of an aircraft.
40          (3) It is an affirmative defense to a charge under Subsection (2)(b) that:
41          (a) the law enforcement officer was:
42          (i) not in uniform;
43          (ii) not traveling in a vehicle identified as a law enforcement vehicle; and
44          (iii) not otherwise engaged in an activity that would give the [person] actor reason to
45     know [him] the law enforcement to be a law enforcement officer; and
46          (b) the law enforcement officer was not otherwise known by the [person] actor to be a
47     law enforcement officer.
48          (4) [Violation] (a) A violation of Subsection (2)(a) is an infraction.
49          (b) [Violation] A violation of Subsection (2)(b) is a class C misdemeanor.
50          (c) (i) Except as provided in Subsection (4)(c)(ii) or (4)(c)(iii), a violation of
51     Subsection (2)(c) is a class B misdemeanor.
52          (ii) Except as provided in Subsection (4)(c)(iii), a violation of Subsection (2)(c) is a
53     class A misdemeanor if the actor previously has been convicted of a violation of Subsection
54     (2)(c).
55          (iii) A violation of Subsection (2)(c) is a third degree felony if the actor's conduct
56     causes an aircraft to crash or perform an emergency landing.
57          (5) If the violation of this section constitutes an offense subject to a greater penalty
58     under another provision of [Title 76, Utah Criminal Code,] this title than is provided under this
59     section, this section does not prohibit the prosecution and sentencing for the offense subject to
60     a greater penalty.
61          Section 2. Effective date.
62          This bill takes effect on May 1, 2024.