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Utah Code Title 76. Utah Criminal Code § 76-10-2501. Unlawful use of a laser pointer

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Aircraft” means the same as that term is defined in Section 72-10-102.

(b) “Laser light” means light that is amplified by stimulated emission of radiation.

(c) “Laser pointer” means any portable device that emits a visible beam of laser light that may be directed at an individual.

(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:

(a) a moving motor vehicle or the occupants of a moving motor vehicle;

(b) one whom the actor knows or has reason to know is a law enforcement officer; or

(c) an aircraft or the occupants of an aircraft.

(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 actor reason to know the law enforcement officer to be a law enforcement officer; and

(b) the law enforcement officer was not otherwise known by the actor to be a law enforcement officer.

(4)(a) A violation of Subsection (2)(a) is an infraction.

(b) A violation of Subsection (2)(b) is a class C misdemeanor.

(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.

(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).

(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.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-10-2501. Unlawful use of a laser pointer - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-10-2501/

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