Minnesota Legislature
SF 1408
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; securing aircraft cockpits against lasers; providing for
1.3penalties;proposing coding for new law in Minnesota Statutes, chapter 609.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [609.857] DISCHARGING A LASER AT AN AIRCRAFT.
1.6 Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.7the meanings given.
1.8(b) "Aircraft" means any contrivance now known or hereafter invented, used, or
1.9designed for navigation of or flight in the air, but excluding parachutes.
1.10(c) "Laser" means both of the following:
1.11(1) any device that utilizes the natural oscillations of atoms or molecules between
1.12energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible,
1.13or infrared region of the spectrum and when discharged exceeds one milliwatt continuous
1.14wave;
1.15(2) any device designed or used to amplify electromagnetic radiation by simulated
1.16emission that is visible to the human eye.
1.17 Subd. 2. Crime. Whoever knowingly aims and discharges a laser or other device
1.18that creates visible light into the cockpit of an aircraft that is in the process of taking off
1.19or landing or is in flight is guilty of a gross misdemeanor.
1.20 Subd. 3. Exceptions. This section does not apply to the following individuals who
1.21aim and discharge a laser or other device at an aircraft:
1.22(a) an authorized individual in the conduct of research and development or flight test
1.23operations conducted by an aircraft manufacturer, the Federal Aviation Administration,
2.1or any other person authorized by the Federal Aviation Administration to conduct such
2.2research and development or flight test operations; or
2.3(b) members or elements of the Department of Defense or Department of Homeland
2.4Security acting in an official capacity for the purpose of research, development, operations,
2.5testing, or training.
2.6 Subd. 4. Defense. It is an affirmative defense to a charge under this section if
2.7the defendant proves by a preponderance of the evidence that the defendant intended to
2.8send an emergency distress signal.
2.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
2.10offenses committed on or after that date.
1.3penalties;proposing coding for new law in Minnesota Statutes, chapter 609.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [609.857] DISCHARGING A LASER AT AN AIRCRAFT.
1.6 Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.7the meanings given.
1.8(b) "Aircraft" means any contrivance now known or hereafter invented, used, or
1.9designed for navigation of or flight in the air, but excluding parachutes.
1.10(c) "Laser" means both of the following:
1.11(1) any device that utilizes the natural oscillations of atoms or molecules between
1.12energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible,
1.13or infrared region of the spectrum and when discharged exceeds one milliwatt continuous
1.14wave;
1.15(2) any device designed or used to amplify electromagnetic radiation by simulated
1.16emission that is visible to the human eye.
1.17 Subd. 2. Crime. Whoever knowingly aims and discharges a laser or other device
1.18that creates visible light into the cockpit of an aircraft that is in the process of taking off
1.19or landing or is in flight is guilty of a gross misdemeanor.
1.20 Subd. 3. Exceptions. This section does not apply to the following individuals who
1.21aim and discharge a laser or other device at an aircraft:
1.22(a) an authorized individual in the conduct of research and development or flight test
1.23operations conducted by an aircraft manufacturer, the Federal Aviation Administration,
2.1or any other person authorized by the Federal Aviation Administration to conduct such
2.2research and development or flight test operations; or
2.3(b) members or elements of the Department of Defense or Department of Homeland
2.4Security acting in an official capacity for the purpose of research, development, operations,
2.5testing, or training.
2.6 Subd. 4. Defense. It is an affirmative defense to a charge under this section if
2.7the defendant proves by a preponderance of the evidence that the defendant intended to
2.8send an emergency distress signal.
2.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
2.10offenses committed on or after that date.