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76-10-2501
LASER POINTER AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Don L. Ipson
LONG TITLE
General Description:
This bill concerns the criminal offense of unlawful use of a laser pointer.
Highlighted Provisions:
This bill:
defines terms;
amends the criminal offense of unlawful use of a laser pointer to include conduct
concerning an aircraft or the aircraft's occupants;
provides criminal penalties; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-2501, as enacted by Laws of Utah 2001, Chapter 67
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
76-10-2501 is amended to read:
76-10-2501. Unlawful use of a laser pointer.
(1)As used in this section:
(a)
"Aircraft" means the same as that term is defined in Section
72-10-102.
(b)
"Laser light" means light that is amplified by stimulated emission of radiation.
(b)
(c)
"Laser pointer" means any portable device that emits a visible beam of laser
light that may be directed at
a person
an individual.
(c)
(d)
"Law enforcement officer" means an officer under Section
53-13-103.
(2)
A person is guilty of
An actor commits unlawful use of a laser pointer if the
person
actor
directs a beam of laser light from a laser pointer at:
(a)a moving motor vehicle or
its
the occupants
of a moving motor vehicle;
or
(b)one whom the
person
actor knows or has reason to know is a law enforcement
officer
.
; or
(c)
an aircraft or the occupants of an aircraft.
(3)It is an affirmative defense to a charge under Subsection (2)(b) that:
(a)the law enforcement officer was:
(i)not in uniform;
(ii)not traveling in a vehicle identified as a law enforcement vehicle; and
(iii)not otherwise engaged in an activity that would give the
person
actor reason to
know
him
the law enforcement officer to be a law enforcement officer; and
(b)the law enforcement officer was not otherwise known by the
person
actor to be a
law enforcement officer.
(4)
Violation
(a)
A violation of Subsection (2)(a) is an infraction.
(b)
Violation
A violation of Subsection (2)(b) is a class C misdemeanor.
(c)
(i)
Except as provided in Subsection (4)(c)(ii) or (4)(c)(iii), a violation of
Subsection (2)(c) is a class B misdemeanor.
(ii)
Except as provided in Subsection (4)(c)(iii), a violation of Subsection (2)(c) is a
class A misdemeanor if the actor previously has been convicted of a violation of
Subsection (2)(c).
(iii)
A violation of Subsection (2)(c) is a third degree felony if the actor's conduct
causes an aircraft to crash or perform an emergency landing.
(5)If the violation of this section constitutes an offense subject to a greater penalty under
another provision of
Title 76, Utah Criminal Code,
this title than is provided under this
section, this section does not prohibit the prosecution and sentencing for the offense
subject to a greater penalty.
Section 2.
Effective date.
This bill takes effect on May 1, 2024.