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
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 thereto1-2
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 "laser1-4
pointer" means any device that emits light amplified by the stimulated1-5
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 cause1-7
any other person to sell, distribute or offer to sell a laser pointer to a1-8
child under the age of 18 years.1-9
2. A person who offers laser pointers for sale to the public shall keep1-10
the laser pointers in a cabinet or display case that is not accessible to the1-11
public without the assistance of the person or an employee or agent of1-12
the person unless:1-13
(a) The laser pointers are clearly and fully visible from a place of1-14
payment for goods or services or information for customers at which the1-15
person or an employee or agent of the person is usually present during1-16
regular business hours; or2-1
(b) The laser pointers are in a package that originated with the2-2
manufacturer, importer or packager of the laser pointers and which is2-3
larger than 41 square inches.2-4
3. A person who offers laser pointers for sale to the public shall not2-5
display laser pointers or post a sign advertising the availability of laser2-6
pointers unless he has posted a notice indicating that selling, distributing2-7
or offering to sell or causing any other person to sell, distribute or offer2-8
to sell a laser pointer to a child under the age of 18 years is a2-9
misdemeanor.2-10
4. A person who violates the provisions of this section is guilty of a2-11
misdemeanor, and shall be punished:2-12
(a) For the first offense within 2 years, by a fine of not more than2-13
$300;2-14
(b) For the second offense within 2 years, by a fine of not more than2-15
$500; and2-16
(c) For the third or subsequent offense within 2 years, by a fine of not2-17
more than $1,000.2-18
Sec. 4. 1. Except as otherwise provided in subsection 3, a person2-19
under the age of 20 years shall not possess a laser pointer on the property2-20
of a public or private school or on a school bus.2-21
2. Except as otherwise provided in subsection 4, a child under the2-22
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 laser2-24
pointer on the property of a public or private school or on a school bus if2-25
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 the2-27
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 laser2-29
pointer while in a public place if he possesses the laser pointer for a valid2-30
purpose related to his employment during the hours of his employment2-31
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 a2-33
misdemeanor.2-34
6. A child who violates the provisions of subsection 1 or 2 commits a2-35
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 school2-38
premises where the laser pointer would be or was used for a valid2-39
purpose related to education, school or employment and under the2-40
supervision of a person employed by the school or his employer, if the2-41
person has not turned on the laser pointer or displayed it in a menacing2-42
or threatening manner; and3-1
(b) Subsection 2 that the child was traveling to or from his place of3-2
employment where the laser pointer would be or was used for a valid3-3
purpose related to his employment during the hours of his employment3-4
and under the supervision of his employer, if the child has not turned on3-5
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 to3-7
it in NRS 483.160.3-8
Sec. 5. 1. Except as otherwise provided in subsection 2, a person3-9
shall not direct light emitted from a laser pointer into or through a public3-10
place.3-11
2. A person who is 19 years of age or older may direct light emitted3-12
from a laser pointer into or through a public place if he directs the light3-13
for a valid purpose related to his employment during the hours of his3-14
employment.3-15
3. A person who violates the provisions of this section is guilty of a3-16
misdemeanor.3-17
Sec. 6. 1. A person shall not direct light emitted from a laser3-18
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 a3-21
misdemeanor.3-22
3. As used in this section:3-23
(a) "Emergency medical attendant" has the meaning ascribed to it in3-24
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 offenses3-27
that were committed before October 1, 1999.~