Author Topic: Clearly, a stupid thing to do, but a felony?  (Read 11513 times)

Typhoon

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #50 on: December 28, 2007, 08:50:33 AM »
Update:

The original story is no longer on the Daily Bulletins website.  Just for curiositys sake, I looked it up on the San Bernardino Courts website (searchable for free by the public).

Looks like Mr. Donovan spent Christmas night in the pokey.  After his arraignment and plea of not guilty yesterday, his preliminary hearing was set for 1/8/2008 and bail was increased to $125,000.00.  (Yikes!  $125 Large for a laser?Huh?)  Next entry is a plea bargain (approx. 2 hours later).  Seems that his public defender (and no doubt the high bail amount) convinced him to plea bargain the felony charge down to a misdemeanor (PC M248 - LIGHT, ETC INTERFERING WITH OPERATION OF HELICOPTER).   Fine of $166.20, two years probation and credit for time served.
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Firethorn

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #51 on: December 28, 2007, 08:52:00 AM »
He is in support of the efficiency of just making lazing an aircraft a crime, regardless of the harm any particular incident may do, because of the terrible potential consequences of the action (the current law).

Pretty much my thought.

If nothing else, with a little 1-5mW unit, even a helo isn't likely to know they're being lazed.

Most of these incidents have been with higher power units, like the one I pointed out.  The concern isn't just eye damage, but blinding/dazzling the pilot long enough to cause an incident.  Thus the rule.

For those arguing that 'little' lasers should be exempted, well, I haven't heard about BB/airsoft guns being exempted from charges if they go pointing them at somebody.

Gunsmith, the range for doing stuff like lighting a match with it generally depends more on how steady you are more than distance dispersion.  Though popping a car tire is unlikely, as we're talking about thick rubber in that case.

Typhoon - given the large bail amount, I'm curious as to more of the details(like what power was the laser?) myself.

Werewolf

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #52 on: December 28, 2007, 09:01:56 AM »
Quote
He's not calling for a ban on lasers, or any additional regs on purchase or possession, just the continued criminalization one particular, defined and limited, misuse of them.
Sounds like a reasonable interpretation of Riley's stand though I'd still have to disagree with it.

Criminalizing an action that causes no harm is wrong. Where does one draw the line. [sarcasm mode on]After all women have all the equipment necessary to be prostitutes so why not criminalize fornication. Even if it caused no harm there's still the potential for the woman to charge for it and prostitution is illegal in most states. Therefore we must use prior restraint and forbid fornication. [/sarcasm mode off]
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Typhoon

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #53 on: December 28, 2007, 09:03:16 AM »
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Typhoon - given the large bail amount, I'm curious as to more of the details(like what power was the laser?) myself.

No kidding, must have been a big damned laser.  (Or a strong-arm tactic to get a guilty plea and dispose of the case).

There is no other information available on the Court's website and nothing in the local papers.
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Firethorn

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #54 on: December 28, 2007, 09:20:36 AM »
Criminalizing an action that causes no harm is wrong. Where does one draw the line.

It's more like making brandishing illegal - You can still own guns, you can still shoot guns, you just can't normally point a gun at a person, because it's not only a potential indicator that you intend to shoot him, it's also extremely unsafe even if the person doing the pointing doesn't intend to fire.

Or even drunk/impaired driving - there's no guarentee that you'll cause harm, but incidents like the 'child imbedded in the grill' happen far too often.

I don't necessarily think that it needs to be a felony, but having it be illegal isn't too bad.  You're still allowed to own and use laser pointers - but don't go pointing them at people, aircraft, or even vehicles in operation in general.  At least without prior permission, of course.

That's just good safety.

cassandra and sara's daddy

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #55 on: December 28, 2007, 09:24:03 AM »
laws on lasers are prettty strict  some college kid thought it would be funny to track one on a cop on the street from his hotel room in va beach.  the experience got real exciting for him

Matthew Carberry

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Re: Clearly, a stupid thing to do, but a felony?
« Reply #56 on: December 28, 2007, 09:35:40 AM »
If they did the study then they could cite the crime more accurately. 

Lazing with an "X" power laser of an aircraft in flight, where such laser is demonstrated to not be able to cause harm, would be the misdemeanor "harassing aircraft" charge because they do have to go to the trouble of reporting it and turning their head, etc.  Write in that you lose that laser as well when convicted.

Lasing with a more powerful laser (if it can realistically cause harm to the eyes in the real world (not just "lab perfect" conditions) then using it on a person where hitting the eyes is a risk is an actual "assault", aircraft or not), or interfering with any aircraft in any distracting manner during take-off, landing or official police/rescue business could be the felony conditions.

Define the terms more tightly and accurately and charge based on the reasonable risks.

-BUT-

A dollar store laser pointer illuminating an aircraft in level flight at 5000 feet should be a felony? 

 undecided

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