HF 1097

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to public safety; securing aircraft cockpits against lasers; proposing
coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[609.857] DISCHARGING A LASER AT AN AIRCRAFT.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Aircraft" means any contrivance now known or hereafter invented, used, or
designed for navigation of or flight in the air, but excluding parachutes.

(c) "Laser" means both of the following:

(1) any device that utilizes the natural oscillations of atoms or molecules between
energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible,
or infrared region of the spectrum and when discharged exceeds one milliwatt continuous
wave;

(2) any device designed or used to amplify electromagnetic radiation by simulated
emission that is visible to the human eye.

Subd. 2.

Crime.

Whoever knowingly aims and discharges a laser or other device
that creates visible light into the cockpit of an aircraft that is in the process of taking off or
landing or is in flight is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 3.

Exceptions.

This section does not apply to the following individuals who
aim and discharge a laser or other device at an aircraft:

(a) an authorized individual in the conduct of research and development or flight test
operations conducted by an aircraft manufacturer, the Federal Aviation Administration,
or any other person authorized by the Federal Aviation Administration to conduct such
research and development or flight test operations; or

(b) members or elements of the Department of Defense or Department of Homeland
Security acting in an official capacity for the purpose of research, development, operations,
testing, or training.

Subd. 4.

Defense.

It is an affirmative defense to a charge under this section if
the defendant proves by a preponderance of the evidence that the defendant intended to
send an emergency distress signal.

EFFECTIVE DATE.

This section is effective August 1, 2009, and applies to
offenses committed on or after that date.