§1002-A. Criminal use of laser pointers

1.  A person is guilty of criminal use of a laser pointer if the person intentionally, knowingly or recklessly points a laser pointer at another person, while the laser pointer is emitting a laser beam, and:

A. Causes bodily injury to that other person. Violation of this paragraph is a Class D crime;   [PL 2001, c. 383, §112 (AMD); PL 2001, c. 383, §156 (AFF).]

B. That other person is a law enforcement officer in uniform. Violation of this paragraph is a Class D crime; or   [PL 2001, c. 383, §112 (AMD); PL 2001, c. 383, §156 (AFF).]

C. Causes a reasonable person to suffer intimidation, annoyance or alarm. Violation of this paragraph is a Class E crime.   [PL 2001, c. 383, §112 (AMD); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §112 (AMD); PL 2001, c. 383, §156 (AFF).]

2.  For the purposes of this section, "laser pointer" means a hand-held device that emits a visible light beam amplified by the stimulated emission of radiation.

[PL 1999, c. 163, §1 (NEW).]

3.  It is a defense to a prosecution under this section that at the time of the laser pointer's use the person who intentionally, knowingly or recklessly pointed a laser pointer at another person was justified under chapter 5 in threatening or using physical force upon the other person.

[PL 1999, c. 163, §1 (NEW).]

4.  As part of every judgment of conviction and sentence imposed, every laser pointer that constitutes the basis for conviction under this section must be forfeited to the State and the court shall so order, unless another person can satisfy the court prior to the judgment and by a preponderance of the evidence that such other person had a right to possess the laser pointer, to the exclusion of the defendant, at the time of the offense.

[PL 2001, c. 383, §113 (AMD); PL 2001, c. 383, §156 (AFF).]

SECTION HISTORY

PL 1999, c. 163, §1 (NEW). PL 2001, c. 383, §§112,113 (AMD). PL 2001, c. 383, §156 (AFF).