PC 247.5 – Discharging a Laser at an Aircraft

PC 247.5 - Discharging a Laser at an Aircraft

Discharging a Laser at an Aircraft – Table of Contents

PC 247.5 – Overview

What is the definition of Discharging a Laser at an Aircraft as defined under California Penal Code 247.5?

Any person who willfully and maliciously shines a light, shines a laser, or discharges a laser at an aircraft that is in motion, or in flight or occupied.

PC 247.5 – Prosecuting

What is an aircraft as defined under California Penal Code 247.5?

An aircraft is a form of transportation crafted and cable of boarding people for transportation in the air, and capable of flight.

What is a laser as defined under California Penal Code 247.5?

A laser is a point of light whose trail or distance to that point is enhanced by radiation or emulsified radiation that makes that trail of light visible to the human eye. The emulsification uses safe sanctioned radiation mixture levels to assist in the project or enhancement of the trail of the beam which designates the lights reference point. Emulsification allows the human eye to see the projected beam and light’s point of reference- ray of light.

What is the mental state required for a violation under California Penal Code 171.5?

Willful and Malicious are the mental States required for a violation of California Penal Code 171.5. Willful is when a person does an act on purpose with the conscious regard of the consequences of the circumstances that result not just from an objective perspective but from their own subjective viewpoint. Malicious is when a person intends to do a wrongful act with the conscious regard to having that wrongful act intend to disturb, defraud, annoy, or injure another; but not just from an objective perspective but from their own subjective viewpoint.

PC 247.5 – Sentencing

What are the penalties for a violation under California Penal code 247.5?

The penalty for a charge under California Penal Code 247.5 can be charged as a misdemeanor or a felony. As a misdemeanor the penalty of confinement will exceed no more than 1 year in jail, with fines not exceeding $1,000. As a felony the penalty of confinement will range between 16 months, 2, 3 years in State Prison with fines not exceeding $16,000.

What are examples of a violation under California Penal Code 247.5?

  1. Ong had nothing to do. He and his girlfriend Yng shared a 6 pack on his Harley and drove to LAX listening to Billy Joel.. is dad worked as a Director of Area Space Engineering at LAX. They stopped at an airport hangar to drink. He used his father’s LAX pass to get through one of the terminals. Ong parked the bike at the hanger turned the music up, and shared beers with Yng. After the 3rd beer he saw a Lufthansa flight in the process of take-off. He pulled a laser pointer and shined it at the plane’s cockpit. He did not think anything of it because there were no comments made over the intercom nor did the plane cease to a halt. But the plane did continue its ascent to flight. A week later his father confronted him regarding the use of his badge the previous week. The control department of security pinpointed an unidentified light in the field of space that cross section both radio frequencies and flight detail. Although no one was injured, Ong father was given a 3-day suspension pending a violation of Federal Aviation Security laws. The reason being was that that airport security personnel were able to pinpoint the location of the ray of light to a location that approximated an irregularly enter of his Fathers access card use. for which he signed an agreement to honor, he was subject to fine and jail time. Ong’s father makes too much money to save his son. Ong’s father reported his son to LAX Security, and the LAPD. After an investigation, Ong was arrested, but later pleaded to probation which included a $5,000 fine.

PC 247.5 – Defending

What are the defenses for a violation under California Penal Code 247.5?

  1. Mistake in Fact that the item confiscated as the source of the violation was not a laser.
  2. Mistake in Identity.
  3. Duress.
  4. Lack of Specific Intent.

PC 247.5 – Hire a Lawyer

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