§ 312 — Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor

(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.

(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.

Legislative History

80 Del. Laws, c. 70, § 2