H.P. 190 - L.D. 268
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the inappropriate use of laser pointers by directing them at people is increasing and poses a danger to health and safety; and
Whereas, the dangers include potential eye damage and fear that a person is being targeted by a weapon; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1002-A is enacted to read:
§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;
B. That other person is a law enforcement officer in uniform; or
C. Causes a reasonable person to suffer intimidation, annoyance or alarm.
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.
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.
4. Violation of subsection 1, paragraph A or B is a Class D crime. Violation of subsection 1, paragraph C is a Class E crime. 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.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 13, 1999.
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