Current through the 2024 Fourth Special Session
Section 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.(c) "Laser pointer" means any portable device that emits a visible beam of laser light that may be directed at an individual.(d) "Law enforcement officer" means an officer under Section 53-13-103.(2) An actor commits unlawful use of a laser pointer if the actor directs a beam of laser light from a laser pointer at: (a) a moving motor vehicle or the occupants of a moving motor vehicle;(b) one whom the 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: (ii) not traveling in a vehicle identified as a law enforcement vehicle; and(iii) not otherwise engaged in an activity that would give the actor reason to know the law enforcement officer to be a law enforcement officer; and(b) the law enforcement officer was not otherwise known by the actor to be a law enforcement officer.(4)(a) A violation of Subsection (2)(a) is an infraction.(b) 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 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.Amended by Chapter 461, 2024 General Session ,§ 1, eff. 5/1/2024.Enacted by Chapter 67, 2001 General Session.