Keep Your Laser Pointer to Yourself

The recent arrest of a Tampa Bay man accused of pointing a laser at a sheriff’s office helicopter illustrates the dangers of hand held laser devices. The arrest involved a MacDill employee caught on video pointing a laser at a Hillsborough County Sheriff’s helicopter as it was in flight in the vicinity of the Plant City airport. Press reports stated the man pointed the laser at the chopper for approximately 20 minutes until deputies located him in a Walden Lake subdivision.

The danger of laser pointers and especially high intensity lasers has been well documented for several years. In 2005 the Florida Legislature enacted Florida Statute 784.062, which prohibits any person from knowingly and willfully pointing a laser lighting device on an individual operating a motor vehicle, vessel or aircraft. The offense is a Third Degree Felony punishable by up to 5 years in prison. If the act results in bodily injury, the crime is enhanced to a Second Degree Felony and is punishable by up to 15 years in prison.

The danger to pilots and motorists alike is very real. What is perhaps most perplexing about this recent incident in Plant City is that the person arrested clearly had the background through his affiliation with MacDill to know his actions were extremely reckless.   The statute criminalizing his actions was designed to protect the public, including motorists and drivers that could be unwittingly harmed by the blinding light of a laser.   Under Florida Law any person so convicted of the offense would incur civil liability for any resulting injuries under the doctrine of Negligence Per Se. This doctrine imposes strict civil liability for violation of any statute or regulation that is designed to protect a specific segment of the public. In this instance the statute was enacted with the specific purpose of safeguarding motorists that are injured or killed in a car crash from the unlawful pointing of a hand held laser.

It is best to know your rights and responsibilities under Florida Law for your own safety and to protect your family and loved ones. So remember, it is always best to “Keep your laser pointer to yourself.”

If you or a loved one has been injured from the result of a misused laser pointer (or any misuse of a device) please don’t hesitate to call us at <a href=”tel:7276692828″>727-669-2828</a>. The peace of mind of knowing where you stand is worth the phone call.