§ 2-412. Discharging a laser at law enforcement or an aircraft.
A. This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces; an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations; members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; lawful utilization of a laser(s) by law enforcement; or by an individual using a laser emergency signaling device to send an emergency distress signal.
B. As used in this section:
1. “Aircraft” means any contrivance intended for and capable of transporting persons through the airspace.
2. “Laser” or “laser pointer” means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave.
C. Any person who knowingly and maliciously projects a laser, as defined in this section, on or at a law enforcement officer without the consent of the officer while the officer is acting within the scope of the official duties of the officer shall be guilty of committing the criminal offense of discharging a laser at law enforcement or an aircraft.
D. Anyone who knowingly aims the beam of a laser pointer at an aircraft in flight or at the flight path of an aircraft shall be guilty of committing the criminal offense of discharging a laser at law enforcement or an aircraft.
E. Any person convicted of committing the criminal offense of discharging a laser at law enforcement or an aircraft shall be guilty of a crime punishable by a fine of not more than One Hundred Dollars ($100.00). Any person who commits a second or subsequent violation of this section shall be guilty of a crime punishable by a fine of not more than Five Hundred Dollars ($500.00), by a term of imprisonment in the Tribal Jail for a period of not more than six months, or both. ONCA 22-33, eff. Apr. 25, 2022.