United States of America v. B.K.D.

Tucson, Arizona, criminal defense lawyer represented the Defendant charged with aiming a laser pointer at an aircraft.



18 U.S.C. 39 provides:



Aiming a laser pointer at an aircraft is a federal crime under 18 U.S.C. § 39A, which carries penalties of up to five years in prison and a fine of up to $250,000. The law makes it a federal offense to knowingly point a laser beam at an aircraft or its flight path, with exceptions for authorized military or research personnel and those using emergency signaling devices. Additionally, the Federal Aviation Administration (FAA) can impose its own civil penalties, which can be up to $11,000 per violation.

Legal summary of 18 U.S.C. § 39A



What is illegal:



Knowingly aiming the beam of a laser pointer at an aircraft within the special aircraft jurisdiction of the United States.



Penalties:



Criminal: Up to five years in prison and a fine of up to $250,000.



Civil: Up to $11,000 in fines per incident can be imposed by the FAA.



Exceptions:



The law does not apply to authorized activities such as military operations, flight testing, and research, or when using a laser for emergency distress signaling.



Enforcement:



Federal and local law enforcement agencies are responsible for identifying and investigating these incidents. The FBI may investigate individuals who repeatedly target aircraft.

DISMISSING the Indictment with prejudice