Utah Code 76-10-2501. Unlawful use of a laser pointer
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-2501
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
(1)(a) “Aircraft” means the same as that term is defined in Section 72-10-102 .
(1)(b) “Laser light” means light that is amplified by stimulated emission of radiation.
(1)(c) “Laser pointer” means any portable device that emits a visible beam of laser light that may be directed at an individual.
(1)(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:
(2)(a) a moving motor vehicle or the occupants of a moving motor vehicle;
(2)(b) one whom the actor knows or has reason to know is a law enforcement officer; or
(2)(c) an aircraft or the occupants of an aircraft.
(3) It is an affirmative defense to a charge under Subsection (2)(b) that:
(3)(a) the law enforcement officer was:
(3)(a)(i) not in uniform;
(3)(a)(ii) not traveling in a vehicle identified as a law enforcement vehicle; and
(3)(a)(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
(3)(b) the law enforcement officer was not otherwise known by the actor to be a law enforcement officer.
(4)
(4)(a) A violation of Subsection (2)(a) is an infraction.
(4)(b) A violation of Subsection (2)(b) is a class C misdemeanor.
(4)(c)
(4)(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.
(4)(c)(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).
(4)(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.