U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 2— AIRCRAFT AND MOTOR VEHICLES

18 U.S.C. § 39A

Aiming a laser pointer at an aircraft

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(a)Offense.—Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.(b)Laser Pointer Defined.—As used in this section, the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.(c)Exceptions.—This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by—(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or(3) by an individual using a laser emergency signaling device to send an emergency distress signal.(d)Authority To Establish Additional Exceptions by Regulation.—The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.(Added Pub. L. 112–95, title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.)
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2013–2025 · leading case: United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015).
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United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015). · cites it 7× “2(a)(2)(A) when he pointed a laser beam at a Cessna Citation jet, in violation of 18 U.S.C. § 39A. I. On March 29, 2012, Adam Gardenhire, age eighteen, aimed a green laser pointer at an incoming seven-passenger Cessna Citation jet as it approached the Burbank Airport near his…”
United States v. Michael Smith, 756 F.3d 1070 (8th Cir. 2014). · cites it 4× “This case calls upon us to interpret 18 U.S.C. § 39A(a) for the first time. This subsection imposes criminal liability on anyone who “knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of…”
United States v. Sergio Rodriguez, 790 F.3d 951 (9th Cir. 2015). · cites it 4× “Rodriguez was convicted of Aiming a Laser Pointer at an Aircraft, in violation of 18 U.S.C. § 39A, and was sentenced to the maximum sentence: five years in prison.”
United States v. Nikolay Bocharnikov, 966 F.3d 1000 (9th Cir. 2020). · cites it 3× “BOCHARNIKOV SUMMARY** Criminal Law The panel reversed the district court’s denial of a motion to suppress inculpatory statements in a case in which the defendant entered a conditional guilty plea to aiming a laser at an aircraft in violation of 18 U.S.C. § 39A. After someone at…”
United States v. Checora, 155 F. Supp. 3d 1192 (D. Utah 2015). “In this case, Defendant argues that because deaths that occur while pointing a laser pointer at an airplane (18 U.S.C. § 39A) or committing an act of piracy ( 18 U.”
United States v. Monique Lozoya, 982 F.3d 648 (9th Cir. 2020). “Consider a rogue baggage handler standing on the tarmac at Los Angeles International Airport. As an airplane takes flight on its way to New York’s John F.”
United States v. Jordan Rogers, 881 F.3d 1054 (8th Cir. 2018). “Jordan Rogers repeatedly pointed a laser at a police helicopter, temporarily blinding the pilot, and pleaded guilty to one count of aiming a laser at an aircraft in violation of 18 U.S.C. § 39A. On appeal, Rogers challenges the district court’s 2 application of a nine-level…”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). · cites it 8× “Baca pled guilty to a violation of 18 U.S.C. § 39A, which makes it a crime to "knowingly aim[ ] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft.”
United States v. Roberson (5th Cir. 2025). · cites it 6× “2(a)(2), the district court sentenced Roberson to 37 months’ _____________________ * This opinion is not designated for publication.”
United States v. Brett Parkins, 92 F.4th 882 (9th Cir. 2024). · cites it 2× “OPINION OWENS, Circuit Judge: Brett Wayne Parkins was convicted of aiming a laser pointer at an aircraft, in violation of 18 U.S.C. § 39A. On appeal, he argues that the search of his apartment for the laser pointer violated his Fourth Amendment rights and that his statements…”
United States v. Sergio Rodriguez, 664 F. App'x 607 (9th Cir. 2016). · cites it 2× “§ 32 (a)(5) and (a)(8), and aiming a laser pointer at an aircraft, in violation of 18 U.S.C. § 39A. He was sentenced to 168 months on the § 32(a)(5) and (a)(8) offense and 60 months on the' § 39A offense.”
United States v. Brett Parkins (9th Cir. 2024). · cites it 2× “OPINION OWENS, Circuit Judge: Brett Wayne Parkins was convicted of aiming a laser pointer at an aircraft, in violation of 18 U.S.C. § 39A. On appeal, he argues that the search of his apartment for the laser pointer violated his Fourth Amendment rights and that his statements…”
Show all 18 citing cases →
— 18 U.S.C. § 39A(a) — 6 cases
United States v. Michael Smith, 756 F.3d 1070 (8th Cir. 2014). “This case calls upon us to interpret 18 U.S.C. § 39A(a) for the first time. This subsection imposes criminal liability on anyone who “knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of…”
United States v. Monique Lozoya, 982 F.3d 648 (9th Cir. 2020). “Consider a rogue baggage handler standing on the tarmac at Los Angeles International Airport. As an airplane takes flight on its way to New York’s John F.”
United States v. Sergio Rodriguez, 790 F.3d 951 (9th Cir. 2015). “Rodriguez was convicted of Aiming a Laser Pointer at an Aircraft, in violation of 18 U.S.C. § 39A, and was sentenced to the maximum sentence: five years in prison.”
United States v. Baca, 350 F. Supp. 3d 1164 (D.N.M. 2018). “Baca pled guilty to a violation of 18 U.S.C. § 39A, which makes it a crime to "knowingly aim[ ] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft.”
United States v. Roberson (5th Cir. 2025). “2(a)(2), the district court sentenced Roberson to 37 months’ _____________________ * This opinion is not designated for publication.”
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