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[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 155
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USE, POSSESSION, OR SALE OF LASER
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POINTERS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: D. Edgar Allen
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AN ACT RELATING TO THE UTAH CRIMINAL CODE; CREATING THE CRIME OF
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UNLAWFUL USE, POSSESSION, OR SALE OF A LASER POINTER; ESTABLISHING
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PENALTIES; AND PROVIDING DEFINITIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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76-10-2401, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-2401
is enacted to read:
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Part 24. Unlawful Use, Possession, or Sale of a Laser Pointer
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76-10-2401. Unlawful use, possession, or sale of a laser pointer.
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(1) As used in this section:
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(a) "Laser pointer" means a portable device that emits a visible beam of laser light that may
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be directed at a person and:
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(i) includes:
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(A) pen-like devices; and
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(B) pens, jewelry, watches, novelty items, and other devices that are designed with a
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built-in laser; and
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(ii) does not include:
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(A) sighting instruments designed for attachment to a firearm or an archer's bow;
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(B) devices designed solely for use in laser tag games; and
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(C) construction tools, survey instruments, binoculars, and, except as provided in
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Subsection (1)(a)(i)(B), other equipment intended for a use other than instruction or presentation.
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(b) "Law enforcement officer" means an officer under Section
53-13-103
.
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(c) "Minor" means a person younger than 18 years of age.
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(2) A person is guilty of unlawful use, possession, or sale of a laser pointer if the person:
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(a) directs a beam of laser light from a laser pointer at:
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(i) another person's or an animal's eyes;
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(ii) the occupants of a motor vehicle; or
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(iii) one who should reasonably be known by the person to be a law enforcement officer;
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(b) is a minor and, except as provided in Subsection (3), uses or possesses a laser pointer;
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or
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(c) sells a laser pointer to a minor.
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(3) Under the supervision of an adult a minor may use or possess a laser pointer in a school
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or other setting:
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(a) to make an audio visual or other presentation; or
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(b) to provide instruction.
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(4) It is an affirmative defense to a charge under Subsection (2)(a)(iii) that:
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(a) the law enforcement officer was not in uniform, not traveling in a vehicle identified as
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a law enforcement vehicle, and not otherwise engaged in an activity that would reasonably cause
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him to be known by the person as a law enforcement officer; and
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(b) the law enforcement officer was not otherwise known by the person to be a law
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enforcement officer.
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(5) Violation of Subsection (2) is an infraction, except that violation of Subsection
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(2)(a)(iii) is a class C misdemeanor.
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(6) Nothing in this section may be construed as limiting the ability of a school, public or
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private sports arena, or other organization to restrict the use, possession, and sale of laser pointers
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on its premises.
Legislative Review Note
as of 1-25-00 5:58 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.