California Penal Code Section 248 PC: Shining Light At An Aircraft To Impair Operation

California Penal Code Section 248 PC: Shining Light At An Aircraft To Impair Operation

California Penal Code Section 248 PC makes it illegal to shine a light or other bright device at an aircraft with the intent to interfere with its operation. This law prohibits intentionally directing lasers, flashlights, or other bright lights at airplanes, helicopters, or other aircraft that are taking off, landing, or flying overhead.

Shining a light at an aircraft can temporarily blind or distract pilots, putting them and their passengers at serious risk of an accident. That’s why California law treats this act as a criminal offense. Let’s take a closer look at the law and what it means for people on the ground.

What Does California Penal Code Section 248 Prohibit?

Penal Code 248 PC states that “Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity capable of impairing the operation of an aircraft, at an aircraft, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.”

So in plain English, this law makes it illegal to:

• Intentionally shine any kind of light or bright device
• At an airplane, helicopter, or other aircraft
• That is bright enough to potentially impair the aircraft’s operation
• When your intent is to interfere with the aircraft’s operation

Let’s break these elements down one by one:

Shining a Light or Bright Device

This law prohibits shining any kind of light or bright device at an aircraft. The most common scenario is someone on the ground pointing a laser pointer or laser gun at a plane or helicopter. But this law also applies to intentionally directing the beam of a flashlight, spotlight, or any other bright light source at an aircraft.

At an Aircraft

An “aircraft” includes any airplane, helicopter, hot air balloon, or other device capable of flight. So this law applies to interfering with any type of manned aircraft, whether it’s a commercial jetliner, private Cessna, military fighter jet, news helicopter, etc. Unmanned drones may also be considered aircraft under this statute.

With Sufficient Intensity to Impair Operation

The light source must be bright enough that it could potentially impair the operation of the aircraft. A standard laser pointer can temporarily blind a pilot from over a mile away during critical takeoff and landing maneuvers. Even a bright flashlight can distract and disorient pilots if shined directly into a cockpit at night.

But this law only applies to bright lights that actually risk interfering with the aircraft’s operation. Shining a low-powered flashlight likely would not qualify. The brightness and potential impairment depends on factors like the light’s luminosity, distance to the aircraft, ambient lighting conditions, etc.

With Intent to Interfere

Pointing a light at an aircraft is only illegal under this statute if it is done deliberately and with the intent to interfere with the aircraft’s operation. This means the perpetrator must knowingly and willfully shine the light at the aircraft for that purpose. Randomly waving a flashlight that accidentally hits a plane would not have the requisite criminal intent.

Prosecutors may use circumstantial evidence to prove criminal intent, such as the defendant’s statements, prior acts, pattern of conduct, and other facts suggesting a deliberate purpose to interfere.

Legal Defenses

A skilled California criminal defense lawyer could potentially get charges under this statute reduced or dismissed by challenging one or more elements of the offense. Some examples of legal defenses include:

• No intent to interfere – The light shining was accidental or inadvertent, without any intent to disrupt the aircraft’s operation.
• Insufficient brightness – The light used was not bright enough to actually impair the aircraft’s operation.
• Misidentification – The defendant was mistakenly identified and did not commit the alleged act.
• Intoxication – The defendant was legally intoxicated and unable to form the requisite criminal intent.
• Mental illness – The defendant has a mental disorder that prevented them from understanding the wrongfulness of their conduct.

An experienced attorney can evaluate the details of your case and decide whether any viable defenses apply that could lead to a dismissal or acquittal.

Penalties for Shining Light at Aircraft

A violation of Penal Code 248 is a California misdemeanor offense. Potential penalties include:

• Up to 1 year in county jail
• A fine of up to $1,000
• Informal probation
• Community service
• Restitution to the aircraft owner for any damages or losses

If the interference results in injury or death, the defendant could also face felony charges for destroying an aircraft (PC 219) or murder. Federal charges may be brought as well.

Recent Cases

Here are some recent examples of charges under this statute in California:

• A Sacramento man was arrested for allegedly shining a laser pointer at a Sacramento County sheriff’s helicopter multiple times. He faces both state and federal charges.
• A Fresno man was convicted of shining a laser at a Fresno-bound commercial airliner on approach to the airport. He was identified through surveillance video.
• A Los Angeles man was sentenced to 2 years in federal prison for aiming a laser pointer at a Los Angeles Police Department helicopter, temporarily blinding officers.

Federal prosecutions for laser strikes on aircraft are on the rise, with potential penalties of up to 5 years in prison and $250,000 in fines. Many states have also enacted laws similar to California’s statute.

Conclusion

Shining a bright light like a laser or flashlight at an aircraft is not only extremely dangerous, but a crime in California. Penal Code Section 248 makes it illegal to intentionally direct a light bright enough to impair operation at any airplane, helicopter or other airborne vehicle. If charged under this law, an experienced criminal defense attorney can advise you of your rights and options for challenging the charges. The penalties for a conviction can include county jail time, fines, and a criminal record.