Laser Pointer Laws In The Pacific Northwest

Laser Pointer

Aside from being the typical cat toy and teaching aid, the laser pointer could be a helpful astronomy aid for some. It is common for some to use laser pointers to show different constellations and asterisms to new astronomers and others in the sky. Everyone seems to have their own favorite type of laser, whether its be red or green. Every pointer will be different.

Disclaimer: We are not lawyers and this is not legal advice. This is only a description of current lasers pointer related laws that could be found related to the topic.

Regardless of an amateur astronomers favorite type of pointer, one needs to realize that there are state and federal consequences for improper laser pointer use.

As a rule of thumb, never–ever–point a laser pointer at the following (not exhaustive):
People
Aircraft
Cars
Ferries
Moving Objects

Power limits put in place by the Code of Federal Regulations cap laser pointers at 5 milliwatts. Anything more powerful than that is technically not a “laser pointer.”

Federal law

When President Obama signed the FAA Modernization and Reform Act of 2012, he made it a federal crime to shine a laser beam at or in the flight path of aircraft. Doing so is punishable by up to $250,000 in fines and five years in prison, reports Slate.

State Laws

Oregon

Oregon Law Chapter 163 – Offenses Against Persons, specifically Section 163.709 – Unlawful directing of light from a laser pointer states:

(1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:
     (a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or
     (b) A uniformed private security professional as defined in ORS 181.870 who is on duty.
(2) The offense described in this section, unlawful directing of light from a laser pointer, is a Class A misdemeanor.
(3) As used in this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. [1999 c.757 §1; 2005 c.447 §9]

What this means Oregon is saying that it is unlawful to emit a laser pointer at the eye of another person who is either aa peace officer as defined in ORS 161.015 or a uniformed private security professional as defined in ORS 181.870 both of which are on duty.

Idaho

Although there are not any specific laws enacted by the Idaho legislature outlawing the use of laser pointers, there are some local legislation on the topic. In Moscow, Idaho, the police manual does say that it is illegal to shine a laser at a motor vehicle or a driver.

Washington

According to RCW 9A.49, which can be found here, there are 2 different degrees of infractions for pointing a laser pointer:

1st degree offenses can be summarized as below.

(1) A person is guilty of unlawful discharge of a laser in the first degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree:

  • (a) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer’s or employee’s reasonable belief that he or she is targeted with a laser sighting device or system; or
  • (b) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties, causing an impairment of the safety or operation of a law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the officer or employee; or
  • (c) At a pilot, causing an impairment of the safety or operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or
  • (d) At a firefighter or other employee of a fire department, county fire marshal’s office, county fire prevention bureau, or fire protection district who is performing his or her official duties, causing an impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the firefighter or employee; or
  • (e) At a transit operator or driver of a public or private transit company while that person is performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or
  • (f) At a school bus driver employed by a school district or private company while the driver is performing his or her official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment of service by negatively affecting the bus driver.
  • (2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the first degree is a class C felony.

2nd degree is when it is done in a way that is malicious and knowingly discharges a laser. The technical definition says, “

  • (1) A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree:
  • (a) At a person, not described in RCW 9A.49.020(1) (a) through (f), who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or
  • (b) At a person described in RCW 9A.49.020(1) (b) through (f), causing a substantial risk of an impairment or interruption as described in RCW 9A.49.020(1) (b) through (f); or
  • (c) At a person in order to intimidate or threaten that person.
  • (2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the second degree is a gross misdemeanor.”

Sources And Future Reading

https://blogs.findlaw.com/law_and_life/2013/07/are-laser-pointers-illegal.html

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