Delaware Code Title 2 Sec. 312 – Aiming the beam of a laser pointer at an aircraft prohibited; …
(a) A person is guilty of aiming the beam of a laser pointer at an aircraft when the person knowingly shines, points, or focuses the beam of a laser pointer at an aircraft while it is in the process of taking off, in flight, or landing.
Terms Used In Delaware Code Title 2 Sec. 312
- Aircraft: includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. See Delaware Code Title 2 Sec. 301
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Laser pointer: means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item or object. See Delaware Code Title 2 Sec. 301
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Venue: The geographical location in which a case is tried.
(b) This section does not prohibit aiming the beam of a laser pointer at an aircraft by any of the following:
(1) An individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration.
(2) A member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training.
(3) A law-enforcement officer acting in an official capacity.
(4) Individuals playing laser tag, utilizing paintball guns, or other similar games or devices using light emitting diode (LED) technology.
(5) An individual attempting to make the individual’s location known.
(6) An individual attempting to give a warning signal.
(c) Aiming the beam of a laser pointer at an aircraft is an unclassified misdemeanor. The mandatory fine shall not exceed $575. This fine shall not be suspended.
(d) The venue for the issuance of an arrest warrant for and the prosecution of a violation of this section is the county in which the aircraft took off prior to such violation, in or over which the violation occurred, or in which the aircraft lands subsequent to such violation. The jurisdiction for a violation of this section is as stated in § 204 of Title 11.