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Penal Code 247.5 PC | Pointing a Laser at an Aircraft
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Penal Code 247.5 PC | Pointing a Laser at an Aircraft
Shining a laser pointer at an airplane might seem harmless, but it can actually be very dangerous and lead to criminal charges. Penal Code 247.5 PC makes it illegal in California to maliciously point a laser at an occupied aircraft that’s moving or in flight. Let’s break down what this law means and what the consequences are if you violate it.
What Does California Law Say About Pointing Lasers at Aircraft?
The specific language of Penal Code 247.5 PC states:
Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this section, which shall be punishable as either a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000).
Let’s break this down into the key elements of the crime:
- You aimed a laser pointer at an aircraft like a plane or helicopter
- The aircraft was occupied and moving or in flight when you pointed the laser
- You acted willfully and maliciously, meaning you intended to point the laser at the aircraft
The motivation doesn’t matter – whether you did it as a prank or to try to bring down the aircraft, pointing a laser at an occupied moving aircraft is against the law. And “aircraft” includes any device intended for transporting people through airspace, including commercial planes, private planes, and helicopters.
Why Is This Illegal?
Pointing a laser at an aircraft is extremely dangerous. When aimed at a plane’s cockpit, the bright light from a laser pointer can temporarily blind or disorient the pilots. This impairs their ability to fly the plane safely and could even cause them to crash.
There have been thousands of laser strikes on aircraft reported in the U.S. While most don’t result in crashes, there have been some close calls. In 2005, a police helicopter almost crashed in New Jersey when a laser pointed into the cockpit completely blinded the pilot.[1]
So while it may seem like a harmless prank, shining a laser pointer at an aircraft puts lives in danger. That’s why there are serious legal consequences for doing so.
What Are the Penalties for Violating PC 247.5?
A violation of PC 247.5 is a wobbler offense, which means prosecutors have discretion to charge it as either a misdemeanor or a felony depending on the circumstances. Here are the potential penalties:
- Misdemeanor: Up to 1 year in county jail, a fine of up to $1,000, or both.
- Felony: 16 months, 2 years or 3 years in county jail, a fine of up to $2,000, or both.
Factors that determine whether the DA will seek a misdemeanor or felony charge include:
- Did the laser actually strike the aircraft?
- What was the strength of the laser?
- How many times did you point the laser?
- Were there any injuries or damage?
In addition to jail time and fines, a conviction will give you a criminal record that could affect your job prospects, military service, and more. And you may have to surrender any laser pointers in your possession.
Legal Defenses to Pointing a Laser at an Aircraft
Being charged with PC 247.5 is serious, but the prosecution still has to prove all the elements of the crime. As a defendant, you have several legal defenses that could get the charges against you reduced or dismissed. Some common defenses include:
- No malicious intent – You have to willfully and maliciously point the laser at the aircraft to be guilty. If it was an accident or you didn’t realize planes were nearby, you may not have criminal intent.
- No actual aircraft – The law only applies to aircraft in motion or flight. Shining a laser at a building or car wouldn’t qualify.
- Duress – If someone forced or threatened you to point the laser, you may argue you acted under duress.
- Mistaken identity – If the prosecution can’t prove definitively it was you who pointed the laser, the charges could be dropped.
An experienced criminal defense lawyer can evaluate the details of your case and decide the best defense strategy to pursue.
In addition to PC 247.5, there are other similar laws in California prohibiting pointing bright lights and lasers in situations that could cause harm, including:
- PC 417.25 – Pointing a laser scope at another person
- PC 417.26 – Pointing a laser pointer at a peace officer
- PC 417.27 – Pointing a laser pointer at an occupied vehicle other than an aircraft
Violating these laws may also lead to fines, jail time, and a criminal record. An attorney can help advise you on the specific charges you may be facing.
Conclusion
Shining a laser at an aircraft might seem fun and harmless at first. But it’s extremely dangerous and against California law. If you’re facing charges under PC 247.5, don’t take it lightly. Hire an experienced criminal defense lawyer to protect your rights. They can evaluate your case and build the strongest defense to achieve the best possible outcome.
The penalties for this wobbler offense can be severe. But with an attorney on your side guiding you through the legal process, you have a much better chance of avoiding jail time and heavy fines. Don’t leave the outcome to chance – get legal help fighting these charges today.
References
[1] https://www.fbi.gov/news/stories/the-dangers-of-laser-strikes-on-aircraft-080819