Penal Code § 247.5 PC – Discharge of a Laser at an Aircraft

Maliciously discharging a laser (such as a handheld laser pointer) at an occupied aircraft (while in motion or in flight) is a crime under Penal Code 247.5 PC. Prosecutors can charge this section as either a misdemeanor or a felony.

The language of the code section reads as follows:

247.5. Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this section, which shall be punishable as either a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000). This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces.

As used in this section, “aircraft” means any contrivance intended for and capable of transporting persons through the airspace.

As used in this section, “laser” 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.

Examples

• Intentionally pointing a laser into the cockpit of a helicopter
• Shining a laser pointer at an airplane to change the course of its path
• Discharges a laser at a private airplane to cause problems with its landing

Defenses

Luckily, there are several legal defenses. These include showing that:

• you did not act maliciously,
• there was no aircraft, and/or
• you acted under duress.

Penalties

A violation of this section is a wobbler offense. This means that the crime can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in county jail for up to one year, or
• misdemeanor (or summary probation).

If charged as a felony, the offense is punishable by:

• imprisonment in the county jail for up to three years, or
• felony (or formal) probation.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Is it illegal to shine a laser at an aircraft?
• 2. Are there legal defenses to Penal Code 247.5 PC?
  • 2.1 No malicious act
  • 2.2 No airplane
  • 2.3 Duress
• 3. What is the punishment?
• 4. What are related offenses?
  • 4.1 Shining a light at an aircraft to interfere with operations – PC 248
  • 4.2 Pointing a laser scope at another person – PC 417.25
  • 4.3 Possession of a silencer – PC 33410

1. Is it illegal to shine a laser at an aircraft?

Penal Code 247.5 PC is the California statute that makes it a crime to:

1. willfully and maliciously discharge a laser, and
2. to do so at an occupied aircraft – either in motion or in flight.¹

“Willfully and maliciously” means to do something purposefully and with wrongful intentions.

Note that an “aircraft” means any object built for the goal of transporting people through the air, and it can include a:

• commercial aircraft,
• private plane,
• helicopter, or
• law enforcement aircraft.²

2. Are there legal defenses to Penal Code 247.5 PC?

If you are accused of pointing a laser at an aircraft, then you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses are:

1. no malicious act
2. no airplane and/or
3. duress

2.1. No malicious act

Please recall that you must act willfully and maliciously in order to be guilty under this statute. This means it is always a legal defense for you to show that you did not act with this requisite intent. For example, perhaps you shined a laser on accident.

2.2. No aircraft

Please note that PC 247.5 only applies to aircraft. A solid defense, therefore, is for you to say that while you may have discharged a laser, you did so at a vehicle or some other object that was not an aircraft.

2.3. Duress

Duress is a legal defense in which you basically say: “He made me do it.” The defense applies to the very limited situation in which you commit a crime (here, unlawfully pointing a laser at an aircraft), because somebody threatened to kill you if the crime was not committed.

3. What is the punishment?

A violation of PC 247.5 is a wobbler offense under California law.³ This means it can be charged as either a misdemeanor or a felony depending on:

• the facts of the case, and
• your criminal history.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in the county jail for up to one year, and/or
• a fine of up to $1,000.⁴

Note that a judge may award you with misdemeanor (or summary) probation in lieu of jail time.

If charged as a felony, the offense is punishable by:

• imprisonment in the county jail for 16 months, two years, or three years, and/or
• a fine of up to $2,000.⁵

Note that a judge may award you with felony (or formal) probation in lieu of jail time.

4. What are related offenses?

There are three crimes related to discharging a laser at an aircraft. These are:

1. shining a light at an aircraft to interfere with operations – PC 248,
2. pointing a laser scope at another person – PC 417.25, and
3. possession of a silencer – PC 33410.

4.1. Shining a light at an aircraft to interfere with operations – PC 248

Penal Code 248 PC is the California statute that makes it a crime to shine a light at an aircraft in order to interfere with its operation.⁶

A prosecutor must prove three things to successfully convict you of this offense. These are:

1. you willfully shined a light at an aircraft;
2. the light had an intensity capable of impairing the operation of an aircraft; and,
3. you intended to interfere with the operation of the aircraft.⁷

A violation of PC 248 is charged as a misdemeanor.

The crime is punishable by:

• imprisonment in a county jail for up to one year; and/or,
• a fine of up to $1,000.⁸

4.2. Pointing a laser scope at another person – PC 417.25

Penal Code 417.25 PC is the California statute that makes it a crime to point a laser scope at another person.⁹

Note that, per PC 417.25, the pointing must be made in a threatening manner.

A violation of this statute is charged as a misdemeanor. The crime is punishable by imprisonment in the county jail for up to 30 days.¹⁰

4.3. Possession of a silencer – PC 33410

Penal Code 33410 PC is the California statute that makes it a crime to possess a silencer.¹¹

A “silencer” is a device that reduces the sound of a gun when it is fired.

A violation of PC 33410 is charged as a felony. The crime is punishable by:

• imprisonment in the county jail for up to three years, and/or
• a fine of up to $10,000.¹²

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Legal References:

1. California Penal Code 247.5 PC. See, for example, People v. Sun (Cal. App. 4th Dist., 2018), 240 Cal. Rptr. 3d 696; People v. Gonzalez (Cal. App. 2d Dist., 2015), 241 Cal. App. 4th 1103.
2. See same.
3. See same.
4. See same.
5. California Penal Code 1170h PC.
6. California Penal Code 248 PC.
7. See same.
8. See same.
9. California Penal Code 417.25 PC.
10. See same.
11. California Penal Code 33410 PC.
12. See same. See also California Penal Code 1170h PC.