Shining a laser at a plane is a serious federal crime for good reasons & sentences should reflect the endangering of SAFETY

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Aiming Lasers at Aircraft

Sentences Should Reflect the Level of Severity

• The defendant pointed a green laser pointer 11 times at a Tulsa Police helicopter.

• He pleaded guilty.

• Federal sentencing guidelines recommended that the defendant serve 18 months to 24 months in prison.

• The Assistant US Attorney correctly noted that lasers have a dangerous effect on pilots when the beams of light strike an aircraft. The light can temporarily blind pilots.

• The defendant asked for leniency in light of his age (53), a limited criminal history and remorse for his actions.

• The Judge sentenced the 53 year old man to one year’s probation.

• The AUSA commented that did not object to the probation request filed on behalf of the defendant. “He’s the perfect candidate [for probation]. I don’t anticipate ever seeing Mr. Howell again.”

One should give due deference to the knowledge of the facts and familiarity with the individual which a US District Court Judge and an Assistant US Attorney must have, BUT

Congress recently recognized the severe consequences of pointing a laser at an aircraft by enacting:

U.S.C. TITLE 18, CHAPTER 2

Sec. 39A. Aiming a laser pointer at an aircraft
(a) OFFENSE — Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title {maximum of  $250,000} or imprisoned not more than 5 years, or both. 

H. Rept. 112-11 – Securing Aircraft Cockpits Against Lasers Act of 2011 makes it clear that this is not just an annoyance, but a serious threat:

A laser, when aimed at an aircraft, can create a visual distraction or cause discomfort or even damage to a pilot’s eyes. H.R. 386 addresses the high number of incidents involving lasers being pointed at aircraft while in flight. Many of these incidents are occurring during the take-off and landing portion of a flight, when the pilots need to be most alert. The Federal Aviation Administration has reported that pilots have had to relinquish control of their aircraft to their copilot. In the case of law enforcement aircraft, there are reports that responses to crime scenes by airborne police units were terminated due to laser interference. More than 2,800 laser incidents involving aircraft were reported in 2010.

…

This bill recognizes the obvious and inherent danger of aiming a laser at an aircraft under any circumstance, as long as the offender knowingly aims the laser at the aircraft.a

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The problem of lasers being shined into cockpits is so prevalent in some areas of the country that the Federal Bureau of Investigation, the Federal Aviation Administration, the Federal Air Marshal Service, as well as State and local law enforcement, have established a Laser Strike Working Group to address the problem.

Here are references to other relevant federal statutes and regulations:

• FDA/CDRH: 21 CFR 1040.10/11
• FAA civil penalties of up to $25,000
• FDA/CDRH recommends aircraft/vehicle caution label
• FDA proposes changes to Federal Laser Performance Standard
• FDA proposes allowing only red laser pointers
• (For reference) Radiation Control for Health and Safety Act of 1968

As well as state actions against pointing lasers at planes:

• ARIZONA: Aiming a laser pointer at a peace officer or an occupied aircraft
• ARKANSAS: Law enforcement; minors
• CALIFORNIA: Laser regulations
• CONNECTICUT: Limitation on sale and use of laser pointers
• FLORIDA: Law enforcement and illuminating vehicles
• FLORIDA: City of Leesburg bans laser harassment in 1999
• GEORGIA: Illegal to aim at police, aircraft (proposed)
• HAWAII: Illegal for under-18-year-olds to possess laser pointers
• ILLINOIS: All Class 3B and 4 lasers must be registered
• ILLINOIS: Criminalize discharge into cockpits
• ILLINOIS: statewide: General requirements
• ILLINOIS: county of Champaign: Possession and use
• ILLINOIS: village of Westchester: City bans possession by minors
• INDIANA: Laser pointer laws
• LOUISIANA: illegal to intentionally aim laser light at aircraft
• LOUISIANA: city of Baton Rouge
• MARYLAND: statewide: Misdemeanor to knowingly aim at aircraft
• MARYLAND: town of Ocean City (2014): Ban on sales and possession; restriction on use
• MARYLAND: town of Ocean City (2010): Ban and restriction on some uses, sales
• MARYLAND: town of Ocean City (1998): Harassment prohibited
• MICHIGAN: state: Up to 5 years, $10,000 fine for aiming directed energy weapons including lasers at aircraft, moving trains Newly updated in the past 30 days
• MICHIGAN: city of Dearborn: Unlawful to harass
• MINNESOTA: Crime to aim laser into cockpit
• MISSOURI: city of Springfield: Restrictions on possession, use
• NEVADA: Directing laser light with intent to interfere with an aircraft
• NEW HAMPSHIRE: Illegal to shine a laser at an occupied aircraft, vehicle, window or at a person
• NEW JERSEY: town of Ocean City (2011): Ban on laser pointer sales and possession
• NEW JERSEY: Oct. 2013 – Governor vetos bill to ban laser pointer sales over 1 mW
• NEW YORK CITY: Laser pointer regulations
• NEW YORK STATE: Illegal to aim a laser at an aircraft, or its flight path
• OKLAHOMA: Laser Safety Act, $100 for first violation, $500 for second
• OREGON: “Unlawful directing” of a laser pointer
• PUERTO RICO: Illegal to aim at aircraft or law enforcement officers
• SOUTH CAROLINA: No sales to, or possession by, minors
• SOUTH CAROLINA: Myrtle Beach restricts minors and misuse
• SOUTH CAROLINA: Old North Myrtle Beach ordinance as of September 17 2012
• SOUTH CAROLINA: New North Myrtle Beach ordinance of February 2013
• TENNESSEE: Aiming a laser pointer at a law enforcement officer or similar
• TEXAS: Law enforcement and aircraft illumination
• UTAH: Unlawful use of a laser pointer
• VIRGINIA: Interference with operation of aircraft
• VIRGINIA: Illegal to aim lasers at law enforcement officers
• VIRGINIA: city of Virginia Beach: Misdemeanor to aim into eyes
• WASHINGTON STATE: Unlawful discharge of a laser
• WISCONSIN: Restrictions on the use of laser pointers

The Tulsa case is an example of a lighter sentence; LaserPointerSafety.com has published a list of punishments from around the world. Here is a summary of the other judges’ decisions:

1. 8 months in prison.

2. Probationary sentence of community service and was ordered to pay a $1,000 fine.

3. Three years in federal prison without parole [maximum penalty in this list].

4. 15 days in jail, perform 240 hours of community service, pay $3,740.89 in restitution to the master and chief mate, and serve 24 months probation (maritime).

5. 10 weeks in jail.

6. Pleaded guilty to a felony indictment…he was sentenced to six months in a federal prison.

7. Three years probation, nine months home monitoring, and 200 hours of community service.

8. Fifteen months in prison.

9. 8 months in jail.

10. 240 hours of community service [minimum penalty in this list].

11. The list continues with another 100+ cases.

Many regard lasers as simple pointing tool or toy. That public opinion shows ignorance of their pernicious use. Blinding the cockpit is likely to result in loss of control. A 54 year old man should have been aware of the harm that he inflicted.

The LaserPointerSafety.com site does an excellent job of providing information about this threat to safety. ALPA led the effort to have Congress enact 18 USC §38a. All aviation professionals should help to highlight instances in which inappropriate sentences may have been imposed. Without such emphasis, these dangerous implements will continue to be regarded as toys.

 

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Tulsa man gets probation for pointing laser at police helicopter as federal case concludes

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