PRINTER'S NO. 2380
No. 1783 Session of 2007
INTRODUCED BY FAIRCHILD, BELFANTI, CALTAGIRONE, CREIGHTON,
CURRY, DENLINGER, FABRIZIO, FREEMAN, GEIST, GIBBONS,
HENNESSEY, MICOZZIE, MURT, PHILLIPS, PICKETT, RAPP, SIPTROTH,
STABACK, STERN, SWANGER AND YOUNGBLOOD, AUGUST 1, 2007
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 1, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the use of laser
3 pointers; and prescribing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5518. Use of laser pointer.
9 (a) Offense defined.--A person commits an offense when, with
10 the intent to harass, annoy or alarm another, he shines a laser
11 pointer at any of the following:
12 (1) Another person.
13 (2) A law enforcement officer engaged in the performance
14 of the law enforcement officer's official duties and whom the
15 person knew or reasonably should have known to be a law
16 enforcement officer.
17 (3) An operator or occupant of a moving aircraft, boat
1 or motor vehicle.
2 (4) An operator or occupant of an emergency vehicle
3 making use of an audible signal and visual signals meeting
4 the requirements and standards set forth in regulations
5 adopted by the Department of Transportation.
6 (b) Grading.--
7 (1) An offense under subsection (a)(1) shall be a
8 summary offense.
9 (2) An offense under subsection (a)(2) shall be a
10 misdemeanor of the second degree.
11 (3) An offense under subsection (a)(3) shall be a felony
12 of the third degree.
13 (4) An offense under subsection (a)(4) shall be a felony
14 of the third degree.
15 (c) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Aircraft." Any contrivance used for manned ascent into or
19 flight through the air.
20 "Boat." Any watercraft constructed or sold for the primary
21 purpose of being used as a means of transportation on the water.
22 The term does not include surfboards and other similar
23 nonpowered contrivances used primarily as swimming aids.
24 "Emergency vehicle." A fire department vehicle, police
25 vehicle, sheriff vehicle, ambulance, blood delivery vehicle,
26 human organ delivery vehicle, hazardous material response
27 vehicle or armed forces emergency vehicle.
28 "Laser pointer." Any device that emits a visible beam of
29 laser light.
30 "Law enforcement officer." Any person employed by any police
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1 department or organization of the Commonwealth or political
2 subdivision who is empowered to effect an arrest with or without
3 warrant and who is authorized to carry a firearm in the
4 performance of that person's duties.
5 "Motor vehicle." As defined in 75 Pa.C.S. § 102 (relating to
6 definitions).
7 Section 2. This act shall take effect in 60 days.
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