76-10-2501 - Unlawful use of a laser pointer -- Definitions -- Penalties.
76-10-2501. Unlawful use of a laser pointer -- Definitions -- Penalties.
(1) As used in this section:
(a) "Laser light" means light that is amplified by stimulated emission of radiation.
(b) "Laser pointer" means any portable device that emits a visible beam of laser light thatmay be directed at a person.
(c) "Law enforcement officer" means an officer under Section 53-13-103.
(2) A person is guilty of unlawful use of a laser pointer if the person directs a beam oflaser light from a laser pointer at:
(a) a moving motor vehicle or its occupants; or
(b) one whom the person knows or has reason to know is a law enforcement officer.
(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 reason to know himto be a law enforcement officer; and
(b) the law enforcement officer was not otherwise known by the person to be a lawenforcement officer.
(4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is aclass C misdemeanor.
(5) If the violation of this section constitutes an offense subject to a greater penalty underanother provision of Title 76, Utah Criminal Code, than is provided under this section, this sectiondoes not prohibit the prosecution and sentencing for the offense subject to a greater penalty.
Enacted by Chapter 67, 2001 General Session