(1) Terms defined in Sections 76-1-101.5 and 76-9-1701 apply to this section. (2) An actor commits unlawful use of a laser pointer against a law enforcement officer if the actor directs a beam of laser light from a laser pointer at an individual who the actor knows or has reason to know is a law enforcement officer. (3) A violation of Subsection (2) is a class C misdemeanor. (4) It is an affirmative defense to a charge under Subsection (2) that: (a) the law enforcement officer was: (i) not in uniform; (ii) not traveling in a vehicle identified as a law enforcement vehicle; and (iii) not otherwise engaged in an activity that would give the actor reason to know the law enforcement officer to be a law enforcement officer; and (b) the law enforcement officer was not otherwise known by the actor to be a law enforcement officer. (5) If the violation of this section constitutes an offense subject to a greater penalty under another provision of this title than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.
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