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 Pointing a Laser At a Boat: Illegal?

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T O P I C    R E V I E W
GeeBee Posted - May 16 2012 : 13:57:47
The other night I was out on the lake. Besides the 15' open with only a green nav light that I was able to avoid as he approached me on my starboard and the idiot with a brand new SeaRay 45' that only illuminated his anchor light not his nav lights, it was not a bad evening. Thankfully it was a "super moon".

However, I noticed a quick flash from behind me on my helm. It was green. I looked around quickly thinking I had imminent collision risk when I discovered I was being lased from the shore. I quickly dropped my eyes to avoid damage. I know where to find the law on aircraft but can someone point me to the law for Vessels and boats? Is there even a law for boats?

21   L A T E S T    R E P L I E S    (Newest First)
GeeBee Posted - May 17 2012 : 21:41:20
I noticed that speedo but I can find no Federal statute, can you?
November Charlie Posted - May 17 2012 : 21:35:10
quote:
Originally posted by GeeBee

If I read it correctly speedo, there is no real Federal law on lasers on vessels. The perps in Pete's case were busted on Fed and State charges with respect to aircraft and busted on state charges with respect to the vessels. My reading is there is no Federal law for vessels, some states do and some do not, but nearly all states have laws for aircraft. Boatbum is correct, you shine a laser of damaging capability at someone you should be busted period.







I'm sure it could be written under one of the hazarding or impeding navigation cites, but it's anyone's guess where it would go after it was written (I won't remark on my guess).
speedo Posted - May 17 2012 : 15:03:28
From Pete's earlier post ato 20:33:30: "The three defendants could also face federal charges for pointing the lasers at the boats and aircraft, Rudolph said."
GeeBee Posted - May 17 2012 : 14:58:09
If I read it correctly speedo, there is no real Federal law on lasers on vessels. The perps in Pete's case were busted on Fed and State charges with respect to aircraft and busted on state charges with respect to the vessels. My reading is there is no Federal law for vessels, some states do and some do not, but nearly all states have laws for aircraft. Boatbum is correct, you shine a laser of damaging capability at someone you should be busted period.



Dusty Rhoads Posted - May 17 2012 : 09:33:59
I carry a wide band laser on the boat with my emerg. gear. It qualifies as a signaling device.
L. Keith Posted - May 17 2012 : 08:15:27
Not sure if this is applicable for a light originating from a shore location but Rule 20 of the Navigation Rules, International-Inland, states in part that lights carried on a vessel "(cannot)interfere with the keeping of a proper lookout". I would say a laser flashed into your eyes would qualify as interference with keeping a proper lookout.

speedo Posted - May 17 2012 : 07:51:02
quote:
Originally posted by GeeBee

Looks like there is some work to do at the state and Federal level with regard to boats.




According to the cop in Pete's post, looks like the feds could be involved, but that may be due to the location of the incident - the Mississippi.
boatbum Posted - May 17 2012 : 07:46:22
It should be a generic law that applies to all circumstances. Why feed the system with more obscure laws?

You point a laser of power level or better, and frequency of so and so, at a person or object other than a flip chart, and you get busted.
GeeBee Posted - May 17 2012 : 07:17:14
Looks like there is some work to do at the state and Federal level with regard to boats.


psalzer Posted - May 16 2012 : 20:40:47
Looks like it is against the law in Fl


FLORIDA: Law enforcement and illuminating vehicles
CHAPTER 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.062 Misuse of laser lighting devices.

(1) As used in subsection (2), the term "laser lighting device" means a hand-held device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. As used in subsection (3), the term "laser lighting device" means any device designed or used to amplify electromagnetic radiation by stimulated emission.

(2) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation, punishable as provided in s. 775.083.

(3)    (a) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

       (b) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 2002-80; s. 1, ch. 2005-159.

Also Maryland has a law specifically mentioning boats. Not in Georgia.
psalzer Posted - May 16 2012 : 20:33:30
Not sure of the statute but apparently not legal in Memphis

Three people were arrested in Downtown Memphis today after shining blinding green laser beams at tow boats, a police helicopter, an airplane and officers.

Matthew Mauck, 33, and David Erminger, 27, were found with two lasers on the roof of the Pembroke Square Apartments at 125 Gayoso earlier today, said police spokeswoman Karen Rudolph.

The men appeared to be under the influence of alcohol and marijuana, Rudolph said. They were charged with four counts of pointing a laser at law enforcement officers.

Todd Manz, 43, was also arrested on the roof, but was released after he falsely claimed he did not participate in shining the lasers, Rudolph said. Investigators later found he was responsible for shining the laser at a tow boat on the Mississippi River.

He was not in police custody Saturday at 6:30 p.m., Rudolph said. He is wanted for false reporting.

The three defendants could also face federal charges for pointing the lasers at the boats and aircraft, Rudolph said.

Police first received reports of a beam hitting tug boats and other vessels traveling the Mississippi River about two weeks ago, Rudolph said.

Officers tracked the beam to the defendants after two tug boat operators told the Coast Guard that a green beam was coming from a building in the Downtown area at about 1 a.m. today.
GeeBee Posted - May 16 2012 : 19:42:26
It just seems very strange that given the nature of marine vessels, the fact they are regulated as Interstate Commerce, the Federal statute would only cover aircraft. Looking at the link that getakey posted it would seem many states are similarly situated.

boatbum Posted - May 16 2012 : 19:40:13
Unless it happens on a regular basis. The notion here is that there are people that love to play with these things. They are screwing around with commercial air traffic on a regular basis. The notion that they are migrating to other forms of transportation is serious. If people are smart they will report them, and a possible source when they can.

rawidman Posted - May 16 2012 : 18:36:00
The trick would be to identify the culprit and prove that he or she shined a laser at your boat. That will be close to impossible.
vic33004 Posted - May 16 2012 : 15:57:18

a call to your local law enforcement agency would probably be an excellent place to ask this question for an answer that applies to your jurisdiction.

i'm no expert on law, but i'm pretty certain that if you point a laser at someone who is operating a motor vehicle, that would qualify as reckless endangerment or a handfull of other charges depending on the laser pointers intent.



boatbum Posted - May 16 2012 : 15:55:50
Greg look into a laser being pointed at an individual. If the kid claims to have been pointing on the boat, he's toast.

The Other Gary Posted - May 16 2012 : 15:42:24
You could always respond with your own laser pointer






getakey Posted - May 16 2012 : 15:41:31
quote:
Originally posted by GeeBee

I don't see anything yet that prohibits lasering of a vessel. Seems weird they do aircraft but not boats or cars.





Illegal in Calif to point at moving vehicle
GeeBee Posted - May 16 2012 : 15:36:46
I don't see anything yet that prohibits lasering of a vessel. Seems weird they do aircraft but not boats or cars.

MikeeH Posted - May 16 2012 : 15:27:25
We had an incident on one of my buses where a kid in the back of the used a laser pointer to bounce the beam off the driver's rearview mirror and into the driver's face. Fortunately, it missed his eyes. The driver pulled over and radioed the incident to dispatch. Dispatch called PD and the responding officer took the kid off the bus and charged him with assault. I don't know how it turned out since the kid was a minor. So, yes, I suppose it is a crime.
getakey Posted - May 16 2012 : 14:34:51
might start here
http://www.laserpointersafety.com/rules-general/uslaws/uslaws.html

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