18 U.S.C. § 39A — Aiming a laser pointer at an aircraft

Page 26 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 39A 1 So in original. Probably should be ‘‘subsection’’. this title, or imprisoned not more than 6 months, or both. (b) DEFINITIONS.—In this section, the following definitions apply: (1) TRAFFIC SIGNAL PREEMPTION TRANS- MITTER.—The term ‘‘traffic signal preemption transmitter’’ means any mechanism that can change or alter a traffic signal’s phase time or sequence. (2) NONQUALIFYING USER.—The term ‘‘non- qualifying user’’ means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or pri- vate corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, mainte- nance, or other services for a Federal, State, or local government entity, but does not in- clude a person using a traffic signal preemp- tion transmitter for classroom or instruc- tional purposes. (Added Pub. L. 109–59, title II, § 2018(a), Aug. 10, 2005, 119 Stat. 1542.) Editorial Notes CODIFICATION Another section 39 was renumbered section 40 of this title. § 39A. Aiming a laser pointer at an aircraft (a) OFFENSE.—Whoever knowingly aims the beam of a laser pointer at an aircraft in the spe- cial aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both. (b) LASER POINTER DEFINED.—As used in this section, the term ‘‘laser pointer’’ means any de- vice designed or used to amplify electro- magnetic radiation by stimulated emission that emits a beam designed to be used by the oper- ator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (c) EXCEPTIONS.—This section does not pro- hibit aiming a beam of a laser pointer at an air- craft, or the flight path of such an aircraft, by— (1) an authorized individual in the conduct of research and development or flight test op- erations conducted by an aircraft manufac- turer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such re- search and development or flight test oper- ations; (2) members or elements of the Department of Defense or Department of Homeland Secu- rity acting in an official capacity for the pur- pose of research, development, operations, testing, or training; or (3) by an individual using a laser emergency signaling device to send an emergency distress signal. (d) AUTHORITY TO ESTABLISH ADDITIONAL EX- CEPTIONS BY REGULATION.—The Attorney Gen- eral, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such addi- tional exceptions to this section as may be nec- essary and appropriate. The Attorney General shall provide written notification of any pro- posed regulations under this section to the Com- mittees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representa- tives, not less than 90 days before such regula- tions become final. (Added Pub. L. 112–95, title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.) § 39B. Unsafe operation of unmanned aircraft (a) OFFENSE.—Any person who operates an un- manned aircraft and: (1) Knowingly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special air- craft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as pro- vided in subsection (c). (2) Recklessly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special air- craft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as pro- vided in subsection (c). (b) OPERATION OF UNMANNED AIRCRAFT IN CLOSE PROXIMITY TO AIRPORTS.— (1) IN GENERAL.—Any person who, without authorization, knowingly operates an un- manned aircraft within a runway exclusion zone shall be punished as provided in sub- section (c). (2) RUNWAY EXCLUSION ZONE DEFINED.—In this subsection, the term ‘‘runway exclusion zone’’ means a rectangular area— (A) centered on the centerline of an active runway of an airport immediately around which the airspace is designated as class B, class C, or class D airspace at the surface under part 71 of title 14, Code of Federal Reg- ulations; and (B) the length of which extends parallel to the runway’s centerline to points that are 1 statute mile from each end of the runway and the width of which is 1⁄2 statute mile. (c) PENALTY.— (1) IN GENERAL.—Except as provided in para- graph (2), the punishment for an offense under subsections 1 (a) or (b) shall be a fine under this title, imprisonment for not more than 1 year, or both. (2) SERIOUS BODILY INJURY OR DEATH.—Any person who: (A) Causes serious bodily injury or death during the commission of an offense under subsection (a)(2) shall be fined under this title, imprisoned for a term of up to 10 years, or both. (B) Causes, or attempts or conspires to cause, serious bodily injury or death during the commission of an offense under sub- sections (a)(1) and (b) shall be fined under