Laser on helicopter

[klway88]

What is the name of your state (only U.S. law)? CA

this is what happened.
My brother(16years old turning 17 in may) and i were on the way to home from somewhere in the middle of night. He had laser pointer. so he was playing around, and he aim on helicopter. so police pulled over us. they arrested my brother. So he got arrested about an hour.
the police officer telling me it is felony. but my brother did just stupid thing. they know he didnt do it on purpose.
I was just wondering how much charge can he get. and also when he get charge, is the record gonna stick with him forever?
he's going college soon, so I really hope he doesnt get any disadvantage with choosing school.

 

[CdwJava]

My brother(16years old turning 17 in may) and i were on the way to home from somewhere in the middle of night. He had laser pointer. so he was playing around, and he aim on helicopter. so police pulled over us. they arrested my brother. So he got arrested about an hour.
the police officer telling me it is felony. but my brother did just stupid thing. they know he didnt do it on purpose.

Wait ... read your highlighted statement above ... you just wrote that he did it on purpose!

I was just wondering how much charge can he get. and also when he get charge, is the record gonna stick with him forever?

What specific offense has he been charged with? (Code section/numbers)

As a juvenile, he can petition to have his record sealed after he has completed all the terms of his sentencing and has turned 18.

he's going college soon, so I really hope he doesnt get any disadvantage with choosing school.

That depends on the school and the program.

Here is the likely section:

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.

Fortunately for him the state has to prove that he both willfully and maliciously directed it at the aircraft. The latter element may be somewhat challenging to prove. It is also a wobbler (i.e. it can be charged as a misdemeanor) so it is possible he can work this into a plea deal or even down to next to nothing ... provided he has no prior criminal history or record of problems at home, school, or contacts with the law.

Mom and dad should engage legal counsel for him ASAP.

 

[mistoffolees]

Mom and dad should engage legal counsel for him ASAP.

And hopefully make him pay them back.


I wonder why people need to be told to hire an attorney so often... It seems pretty simple to me - when your child is arrested and charged with something serious, especially something that could lead to jail time, it seems to me that you ought to be on the phone to an attorney first thing - well before posting to an internet site "what do I do?"

*shrugs*

 

[Zigner]

As a pilot, I do hope that your brother receives the maximum punishment. Hopefully, it will deter other idiots in the future.

 

[Mass_Shyster]

As a pilot, I do hope that your brother receives the maximum punishment. Hopefully, it will deter other idiots in the future.

Unfortunately, I'm forced to agree with Zigner again.

Was this a red or green laser?

ETA: There is no way to tell how many pilots have crashed and died due to people playing with lasers, as I don't believe an autopsy can detect the temporary blindness caused by lasers. Since a blind pilot cannot even see the instruments, the pilot's best chance of survival is to engage an automatic pilot, or turn the controls over to a sighted pilot. The planes I fly don't have an auto-pilot, and I don't always fly with a backup pilot, so being blinded by a laser has a good chance of killing me.

 

[justalayman]

Unfortunately, I'm forced to agree with Zigner again.

Was this a red or green laser?

ETA: There is no way to tell how many pilots have crashed and died due to people playing with lasers, as I don't believe an autopsy can detect the temporary blindness caused by lasers. Since a blind pilot cannot even see the instruments, the pilot's best chance of survival is to engage an automatic pilot, or turn the controls over to a sighted pilot. The planes I fly don't have an auto-pilot, and I don't always fly with a backup pilot, so being blinded by a laser has a good chance of killing me.

I guess you guys need to start wearing glasses like this guy does:

http://www.marveldirectory.com/individuals/c/cyclops.htm

Of course I am kidding and yes, I do understand it is a very serious issue.

One thing I did see while doing a bit of research for this was that apparently there is some action on the federal level to make any pointing of a laser at an aircraft illegal. As it currently stands, I understand there must be an intent to injure in order to prosecute. At least it would take away having to prove something that is generally obvious, at least outside of the courtroom.

 

[Lovingmom1]

As a pilot, I do hope that your brother receives the maximum punishment. Hopefully, it will deter other idiots in the future.

What? Are you saying that bright, shiny red lights flashed in your eyes make it difficult to fly the plane? Interesting...

(dripping with sarcasm of course)

 

[dmcc10880]

What? Are you saying that bright, shiny red lights flashed in your eyes make it difficult to fly the plane? Interesting...

(dripping with sarcasm of course)

I sure hope you hit the sarcasm button on that post. Your kid needs an attorney- I can't stress the significance of the charge he's facing.

Zigner- gotta agree, you're right on this one.

 

[Antigone*]

What? Are you saying that bright, shiny red lights flashed in your eyes make it difficult to fly the plane? Interesting...

(dripping with sarcasm of course)

He is saying exactly that, but I guess temporary blindness is not a big deal when flying a several thousand pound steel machine over the city, right (really dripping with sarcasm of course)

Too bad he wasn't flying over your house.

 

[FlyingRon]

You shine one of those things in your own eyes and then try seeing where you're going even on foot in the dark with that big splotch in your vision. We also need our color vision so the red goggles aren't going to help. I don't fly NVG but I suspect that would even be worse (the ANG guys do show up from time to time in my side yard at night because it's nice and dark on our runway).