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18 U.S.C. § 39AAiming a laser pointer at an aircraft

submitted 14 years ago by Pub. L. 112-95 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 320 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's a federal crime to knowingly aim a laser pointer at an aircraft, or its flight path, within U.S. special aircraft jurisdiction. The penalty is a fine, up to 5 years in prison, or both. Exceptions exist for authorized testing, military and Homeland Security work, and emergency distress signals.

(a) Offense: It is a crime to knowingly aim the beam of a laser pointer at an aircraft — or at that aircraft's flight path — while the aircraft is in the special aircraft jurisdiction of the United States. The penalty is a fine under this title, imprisonment of not more than 5 years, or both. (b) Laser Pointer Defined: A "laser pointer" means any device designed or used to amplify electromagnetic radiation by stimulated emission, that emits a beam designed for the operator to use as a pointer or highlighter — to indicate, mark, or identify a specific position, place, item, or object. (c) Exceptions: This section does not prohibit aiming a laser pointer's beam at an aircraft or its flight path by: (1) an authorized individual conducting research and development or flight test operations for an aircraft manufacturer, the Federal Aviation Administration, or anyone else the FAA has authorized to conduct such operations; (2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for research, development, operations, testing, or training; or (3) an individual using a laser emergency signaling device to send an emergency distress signal. (d) Authority To Establish Additional Exceptions by Regulation: The Attorney General, in consultation with the Secretary of Transportation, may create additional exceptions by regulation, after public notice and comment, as necessary and appropriate. The Attorney General must give written notice of any proposed regulation to the Senate and House Judiciary Committees, the Senate Commerce, Science, and Transportation Committee, and the House Transportation and Infrastructure Committee, at least 90 days before the regulation becomes final.
the actual law source: uscode.house.gov ↗public domain
(a)Offense.—

Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

(b)Laser Pointer Defined.—

As used in this section, the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(c)Exceptions.—

This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by—

(1)

an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;

(2)

members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or

(3)

by an individual using a laser emergency signaling device to send an emergency distress signal.

(d)Authority To Establish Additional Exceptions by Regulation.—

The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.

Source credit: (Added Pub. L. 112–95, title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-95 · 126 Stat. 65

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 2012-02-14.

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