For purposes of this chapter, the following definitions shall be applicable:
LASER POINTER
Any hand-held device which emits light amplified by the stimulated
emission of radiation which is visible to the human eye, or which emits light
in a stream which emulates or is similar to light-emitting devices which are
used on handguns and rifles to aid in the targeting of objects.
PERSON
Any natural person, corporation, partnership, firm, organization
or other legal entity.
PUBLIC PLACE
A place to which the public or a group of persons has access, and
includes, but is not limited to, any street, highway, parking lot, sidewalk,
plaza, transportation facility, taxicab, bus, train, trolley, place of amusement,
park, playground, school, church, government facility or building, store,
restaurant, office building, and any hallway, lobby and other portion of an
apartment house, condominium project, motel or hotel not constituting a room
or apartment designed for actual residence.
No person shall give, offer to give, transfer or offer to transfer a
laser pointer to any person 18 years of age or younger.
A person is guilty of illegal possession of a laser pointer or illegal
use of a laser pointer when:
A. Being 18 years of age or younger, such person possesses
a laser pointer while in a public place;
B. Such person directs a laser beam into or through a public
place;
C. Such person focuses, points or shines a laser beam directly
or indirectly on, at or near another person or an animal in such a manner
as to harass, annoy, menace, threaten, alarm or injure such other person or
animal; or
D. Such person focuses, points or shines a laser beam directly
or indirectly on, at or near a police officer, security guard, school safety
officer, teacher, fire fighter, emergency medical service worker or ambulance
worker, school crossing guard, or the vehicles of said persons.
The provisions of this chapter shall not be construed to apply to:
A. The temporary transfer of a laser pointer to, or possession
of a laser pointer by, a person 18 years of age or younger for a valid instructional,
school-related or employment purpose, where such laser pointer is used under
the supervision of a school staff person, other authorized instructor or employer;
B. The direction of a laser beam into or through a public
place by any person during such person's hours of employment, for a valid
employment purpose;
C. The possession of a laser pointer where the person possessing
such laser pointer was traveling to or from school, where the laser pointer
would be or was used for a valid instructional, school-related or employment
purpose under the supervision of a school staff person, other authorized instructor
or the person's employer, and such person had not turned on the laser pointer
or displayed it in a menacing, threatening, harassing, annoying, alarming
or injurious manner; or
D. The possession of a laser pointer where the person possessing
such laser pointer was traveling to or from his or her place of employment,
where the laser pointer would be or was used during such person's hours of
employment for a valid employment purpose, under the supervision of the employer,
and such person had not turned on the laser pointer or displayed it in a menacing,
threatening, harassing, annoying, alarming or injurious manner.
Any person who violates any of the provisions of this chapter shall
be guilty of an offense within the meaning of the Penal Law of the State of
New York and, upon conviction thereof, shall be subject to a fine of not less
than $250 nor more than $1,000 for each violation, or to imprisonment not
to exceed 15 days in jail for each violation, or to both such fine and imprisonment
for each violation, and, in addition, the laser pointer shall be seized and
impounded by the court.