Assembly Bill No. 541–Committee on Judiciary

(On Behalf of Assemblyman Nolan)

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Prohibits certain acts relating to sale, distribution, possession or use of laser pointers. (BDR 15-1597)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to crimes; prohibiting certain acts relating to the sale, distribution, possession or use of laser pointers; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 202 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 6, inclusive, of this act "laser

1-4 pointer" means any device that emits light amplified by the stimulated

1-5 emission of radiation that is visible to the human eye.

1-6 Sec. 3. 1. A person shall not sell, distribute or offer to sell or cause

1-7 any other person to sell, distribute or offer to sell a laser pointer to a

1-8 child under the age of 18 years.

1-9 2. A person who offers laser pointers for sale to the public shall keep

1-10 the laser pointers in a cabinet or display case that is not accessible to the

1-11 public without the assistance of the person or an employee or agent of

1-12 the person unless:

1-13 (a) The laser pointers are clearly and fully visible from a place of

1-14 payment for goods or services or information for customers at which the

1-15 person or an employee or agent of the person is usually present during

1-16 regular business hours; or

2-1 (b) The laser pointers are in a package that originated with the

2-2 manufacturer, importer or packager of the laser pointers and which is

2-3 larger than 41 square inches.

2-4 3. A person who offers laser pointers for sale to the public shall not

2-5 display laser pointers or post a sign advertising the availability of laser

2-6 pointers unless he has posted a notice indicating that selling, distributing

2-7 or offering to sell or causing any other person to sell, distribute or offer

2-8 to sell a laser pointer to a child under the age of 18 years is a

2-9 misdemeanor.

2-10 4. A person who violates the provisions of this section is guilty of a

2-11 misdemeanor, and shall be punished:

2-12 (a) For the first offense within 2 years, by a fine of not more than

2-13 $300;

2-14 (b) For the second offense within 2 years, by a fine of not more than

2-15 $500; and

2-16 (c) For the third or subsequent offense within 2 years, by a fine of not

2-17 more than $1,000.

2-18 Sec. 4. 1. Except as otherwise provided in subsection 3, a person

2-19 under the age of 20 years shall not possess a laser pointer on the property

2-20 of a public or private school or on a school bus.

2-21 2. Except as otherwise provided in subsection 4, a child under the

2-22 age of 18 years shall not possess a laser pointer in any public place.

2-23 3. A person who is under the age of 20 years may possess a laser

2-24 pointer on the property of a public or private school or on a school bus if

2-25 he possesses the laser pointer for a valid purpose related to education,

2-26 school or employment and he uses the laser pointer only under the

2-27 supervision of a person employed by the school or his employer.

2-28 4. A child who is under the age of 18 years may possess a laser

2-29 pointer while in a public place if he possesses the laser pointer for a valid

2-30 purpose related to his employment during the hours of his employment

2-31 and he uses the laser pointer only under the supervision of his employer.

2-32 5. A person who violates the provisions of subsection 1 is guilty of a

2-33 misdemeanor.

2-34 6. A child who violates the provisions of subsection 1 or 2 commits a

2-35 delinquent act.

2-36 7. It is an affirmative defense to an offense charged pursuant to:

2-37 (a) Subsection 1 that the person was traveling to or from school

2-38 premises where the laser pointer would be or was used for a valid

2-39 purpose related to education, school or employment and under the

2-40 supervision of a person employed by the school or his employer, if the

2-41 person has not turned on the laser pointer or displayed it in a menacing

2-42 or threatening manner; and

3-1 (b) Subsection 2 that the child was traveling to or from his place of

3-2 employment where the laser pointer would be or was used for a valid

3-3 purpose related to his employment during the hours of his employment

3-4 and under the supervision of his employer, if the child has not turned on

3-5 the laser pointer or displayed it in a menacing or threatening manner.

3-6 8. As used in this section, "school bus" has the meaning ascribed to

3-7 it in NRS 483.160.

3-8 Sec. 5. 1. Except as otherwise provided in subsection 2, a person

3-9 shall not direct light emitted from a laser pointer into or through a public

3-10 place.

3-11 2. A person who is 19 years of age or older may direct light emitted

3-12 from a laser pointer into or through a public place if he directs the light

3-13 for a valid purpose related to his employment during the hours of his

3-14 employment.

3-15 3. A person who violates the provisions of this section is guilty of a

3-16 misdemeanor.

3-17 Sec. 6. 1. A person shall not direct light emitted from a laser

3-18 pointer at a uniformed peace officer, security guard, traffic officer,

3-19 fireman, emergency medical attendant or ambulance driver or attendant.

3-20 2. A person who violates the provisions of this section is guilty of a

3-21 misdemeanor.

3-22 3. As used in this section:

3-23 (a) "Emergency medical attendant" has the meaning ascribed to it in

3-24 NRS 41.139.

3-25 (b) "Security guard" has the meaning ascribed to it in NRS 648.016.

3-26 Sec. 7. The amendatory provisions of this act do not apply to offenses

3-27 that were committed before October 1, 1999.

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