North Carolina General Statutes 14-34.8. Criminal use of laser device
(a) The following definitions apply in this section:
(1) Laser. – Light amplification by stimulated emission of radiation.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I felony | between 3 and 12 months | |
| Class A1 misdemeanor | up to 150 days |
Terms Used In North Carolina General Statutes 14-34.8
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Law enforcement agency animal. – As defined in N.C. Gen. Stat. § 14-163.1
(3) Search and rescue animal. – As defined in N.C. Gen. Stat. § 14-163.1
(b) It is unlawful to intentionally point a laser device while the device is emitting a laser beam at:
(1) Any of the following while the person is in the performance of his or her duties:
a. A law enforcement officer.
b. A probation or parole officer.
c. A person whose employment duties include the custody, transportation, or management of persons who are detained or confined to a detention facility, youth development center, or correctional institution operated under the jurisdiction of the State or a local government.
d. A firefighter.
e. An emergency medical technician or other emergency health care provider.
f. A member of the North Carolina National Guard.
g. A member of any branch of the Armed Forces of the United States.
h. Court counselors whose employment duties include intake, probation, post-release supervision, and court supervision services of juveniles.
(2) The head or face of any person not covered under subdivision (1) of this subsection.
(3) A law enforcement agency animal or a search and rescue animal while the animal is in the performance of its duty.
(c) A violation of subdivision (1) of subsection (b) of this section is a Class I felony. A violation of subdivision (3) of subsection (b) of this section is a Class A1 misdemeanor if the law enforcement agency animal or the search and rescue animal is caused “harm” as that term is defined by N.C. Gen. Stat. § 14-163.1 Any other violation of subsection (b) of this section is an infraction.
(d) This section does not apply to a law enforcement officer who uses a laser device in discharging or attempting to discharge the officer’s official duties. This section does not apply to a health care professional who uses a laser device in providing services within the scope of practice of that professional nor to any other person who is licensed or authorized by law to use a laser device or uses it in the performance of the person’s official duties.
(e) This section does not apply to laser tag, paintball guns, and other similar games and devices using light emitting diode (LED) technology. (1999-401, s. 1; 2023-76, s. 3.)