Saturday, Oct. 29, 2005 | 9:51 a.m.
Shining a laser pointer in Henderson could soon land you in jail.
The Henderson City Council will consider an ordinance Nov. 15 that would make it a misdemeanor to shine a laser pointer at a police officer or emergency worker. It would also be a violation to shine a laser pointer at anyone's eyes or use it to harass people by pointing it at their body, car or pet.
Minors would also be prohibited from even possessing laser pointers except at home or in connection with a job.
The proposed ordinance from the Henderson city attorney's office grew out of concerns raised by police officers who have reported seeing a steady beam of light pass across their bodies or windshields of their cars without knowing if it's an aiming device on a firearm or simply a laser pointer used to aid demonstrations.
Henderson Police have reported cases of laser pointers being used to intimidate them, including one officer who said a beam was pointed through the window of his house, Assistant City Attorney Ron Sailon said.
"It is a problem for law enforcement all across the country," said Sailon, who developed the city's ordinance. "They are facing laser pointers that are designed as instruction tools. But lasers are sometimes attached to firearms to target a subject, and there are instances across the county where people intimidate law enforcement officers who rightly have concerns that somebody might shoot them."
But the ordinance includes citizens in addition to officers because of the dangers of the misuse of laser pointers, Sailon said.
The Food and Drug Administration has warned about possible eye damage from hand-held laser pointers, saying they are being used as children's toys. The light energy that laser pointers can aim into the eye can be more damaging than staring directly into the sun, according to the FDA.
Studies have shown the laser pointers can cause serious retinal damage in as little as two seconds. Momentary exposure from an inadvertent sweep across a person's eyes causes only temporary flash blindness, but that can be dangerous if someone is driving, according to the FDA.
Nevada American Civil Liberties Union attorney Allen Lichtenstein said the part dealing with pointing lasers at law enforcement or into someone's eyes makes sense, but there are other sections that are overreaching. That includes prohibiting minors from possessing laser pointers and prohibiting lasers from being shined on animals, cars and people.
"When you have that kind of vague language, you can find situations where people are getting arrested and nothing criminal has taken place," Lichtenstein said. "If you have harassment laws, you don't need a special law on lasers."
Sailon said Henderson's wording is similar to that of statutes in other cities. He said the ordinance is intended on those cases of harassment and not the legitimate use of the pointers.
A misdemeanor carries a maximum penalty of up to six months in jail and up to a $1,000 fine.
Other entities in the valley may follow Henderson's example.
Stan Olsen, a lobbyist for Metro Police, said his agency will see whether it's worth pursuing in Las Vegas and Clark County. In 2001, Metro unsuccessfully pushed for a state law that would have made it a misdemeanor to shine a laser pointer on a person in a public place in a matter that would cause someone to fear they will be harmed.
The bill made it a gross misdemeanor to shine the devices on law enforcement, emergency medical, fire or security personnel.
Olsen said Metro Police helicopters have been targeted with lasers, and, he said, he worries that one of these days an officer who is targeted with a laser pointer will mistakenly think the laser sight of a gun is on him and will shoot a teen who was using a laser pointer.
Olsen said the 2001 bill didn't get approved because lawmakers thought it would be overreaching and be used against misbehaving kids.
Sen. Dennis Nolan, R-Las Vegas, who as an assemblyman sponsored the bill that died in the Senate in 2001, said he's willing to introduce the bill again if law enforcement asks him.
He said he thought the problem with lasers had dwindled since the issue hadn't resurfaced at the Legislature in the last four years.
Brian Wargo can be reached at 259-4011 or at [email protected].
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