Penal Code § 417.25 PC – Aiming or Pointing a Laser Scope or Pointer

California Penal Code § 417.25 PC makes it a crime to point a laser scope, or a laser pointer, at another person in a threatening manner. The offense is a misdemeanor with a penalty of up to 30 days in jail.

The language of the code section reads as follows:

417.25. (a) Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in subdivision (c), at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. For purposes of this section, the laser scope need not be attached to a firearm.

(b) As used in this section, “laser scope” means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.

(c) As used in this section, “laser pointer” means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.

Examples

• Tara taunts Jenny and points a laser scope at her chest.
• Martin pushes his ex-girlfriend while aiming a laser pointer at her head.
• Tia gets mad at her neighbor, points a laser scope at him, and says she’ll “end him.”

Common Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under Penal Code 417.25. These include showing that the defendant:

• acted in self-defense,
• did not use a laser scope/pointer, and/or
• gave a coerced confession.

Penalties

A violation of PC 417.25 is charged as a misdemeanor in California (as opposed to a felony or an infraction).

The crime is punishable by imprisonment in county jail for up to 30 days.

Please note that in place of jail time, a judge may award a defendant with misdemeanor (or summary probation).

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

• 1. Is it illegal to point a laser scope in California?
• 2. Are there defenses to Penal Code 417.25 PC?
  • 2.1 Self-defense
  • 2.2 No laser scope/pointer
  • 2.3 Coerced confession
• 3. Penalties, punishment, and sentencing
• 4. Related offenses
  • 4.1 Shining a light at an aircraft to interfere with operations – PC 248
  • 4.2 Malicious discharge of a laser at an occupied aircraft – PC 247.5
  • 4.3 Possession of a silencer – PC 33410

1. Is it illegal to point a laser scope in California?

Penal Code 417.25 PC is the California statute that makes it a crime for a person to point a laser scope, or a laser pointer, at another person in a threatening manner.¹

Note that this “threatening manner,” for a person to be guilty under PC 417.25, must cause a reasonable person fear of bodily harm.²

A “laser scope” is a portable battery-powered device that can be attached to a gun and project a laser light onto objects.³

A “laser pointer” is a hand-held laser beam device that emits a single point of light that the human eye can see.⁴

2. Are there defenses to Penal Code 417.25 PC?

If a person is accused of aiming a laser scope or pointer, he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses to PC 417.25 accusations are:

1. self-defense
2. no laser scope/pointer and/or
3. coerced confession

2.1. Self-defense

The language within Penal Code 417.25 states that it is okay to point a laser scope or pointer at another person, even in a threatening manner, in self-defense. This is an exception to the law. Therefore, a defendant can always try to show his innocence under this statute because he acted in self-defense.

2.2. No laser scope/pointer

Note that this code section only applies to laser scopes and laser pointers. It does pertain to any other objects. This means it is a valid legal defense for an accused to show that while he was aiming an object at a person, it was not a laser scope/pointer. For example, maybe it was just a pen.

2.3. Coerced confession

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the police coerced him into a confession, then:

1. the judge may exclude the confession from evidence; or,
2. the case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.

3. Penalties, punishment, and sentencing

A violation of PC 417.25 is charged as a misdemeanor in California.

The crime is punishable by imprisonment in county jail for up to 30 days.

Please note that in place of jail time, a judge may impose misdemeanor (or summary probation).

4. Related Offenses

There are three crimes related to aiming a laser scope/pointer. These are:

1. shining a light at an aircraft to interfere with operations – PC 248,
2. malicious discharge of a laser at an occupied aircraft – 247.5, 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 for a person to shine a light at an aircraft to interfere with its operation.⁵

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 $1,000.⁶

4.2. Malicious discharge of a laser at an occupied aircraft – PC 247.5

Penal Code 247.5 PC is the California statute that makes it a crime for a person to discharge a laser maliciously (such as a handheld laser pointer) at an occupied aircraft.⁷

A violation of PC 247.5 is a wobbler offense under California law.⁸ This means it can be charged as either a misdemeanor or a felony depending on the following:

• the facts of the case, and
• the defendant’s 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 $1,000.⁹

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 $2,000.¹⁰

4.3. Possession of a silencer – PC 33410

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

A “silencer” is a device that reduces a gun’s sound when 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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