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Srush

Mn statue 609.857.2

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The Minnesota statute that you reference -- 609.857 -- makes it a criminal offense to aim and discharge a "laser or other device that creates visible light" into the cockpit of an aircraft that is in flight or that is taking off or landing. 

 

I'm assuming from the statute reference and your comment that the person charged with the offense would like to argue that he/she should not be guilty of the crime because he/she was using a flashlight and not a laser.

 

However, it seems to me that a flashlight is a "device that creates visible light," which is in scope of the statute, and so that may not be a good defense.

But there may be other facts that would affect the analysis, and so you (or the person charged, if it is not you) should consult with a competent criminal defense attorney for guidance. 

 

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2 hours ago, pg1067 said:

Do you have a question?

Yes can they charge you with that if it was a flashlight not a laser

That statute clearly defines a laser and it says knowingly shines into cockpit lasers shoot for miles flashlights dont so can a flaslight shine into cockpit of a plane and could i have knowingly. Have done it

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8 minutes ago, Srush said:

Yes can they charge you with that if it was a flashlight not a laser

 

Section 609.857 subd. 2 states as follows:  "Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor" (emphasis added).

 

Accordingly, yes, a person can be charged and convicted if he/she "knowingly aims and discharges [a flashlight] into the cockpit of an aircraft that is in the process of taking off or landing or is in flight."

 

 

10 minutes ago, Srush said:

That statute clearly defines a laser and it says knowingly shines into cockpit lasers shoot for miles flashlights dont so can a flaslight shine into cockpit of a plane and could i have knowingly.

 

This sentence is grammatically garbled, but I think you're not so much concerned with the definition of "laser" or the distinction between a laser and a flashlight.  Rather, your concern appears to be with the idea that a flashlight might get unknowingly/accidentally aimed/discharged "into the cockpit of an aircraft that is in the process of taking off or landing or is in flight."

 

If that's your concern, I'm not really sure what you expect anyone to say about that.  Yes, the statute excludes unknowing/accidental aiming/discharge and, in order to obtain a conviction, the prosecution would have to prove that the aiming/discharge was, in fact, knowing.

 

Why are you asking?  Have you been charged with violating this law?

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17 minutes ago, pg1067 said:

 

Section 609.857 subd. 2 states as follows:  "Whoever knowingly aims and discharges a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight is guilty of a gross misdemeanor" (emphasis added).

 

Accordingly, yes, a person can be charged and convicted if he/she "knowingly aims and discharges [a flashlight] into the cockpit of an aircraft that is in the process of taking off or landing or is in flight."

 

 

 

This sentence is grammatically garbled, but I think you're not so much concerned with the definition of "laser" or the distinction between a laser and a flashlight.  Rather, your concern appears to be with the idea that a flashlight might get unknowingly/accidentally aimed/discharged "into the cockpit of an aircraft that is in the process of taking off or landing or is in flight."

 

If that's your concern, I'm not really sure what you expect anyone to say about that.  Yes, the statute excludes unknowing/accidental aiming/discharge and, in order to obtain a conviction, the prosecution would have to prove that the aiming/discharge was, in fact, knowing.

 

Why are you asking?  Have you been charged with violating this law?

Yes

 

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On 6/11/2019 at 11:14 PM, Srush said:

Yes can they charge you with that if it was a flashlight not a laser

That statute clearly defines a laser and it says knowingly shines into cockpit lasers shoot for miles flashlights dont so can a flaslight shine into cockpit of a plane and could i have knowingly. Have done it

ignorance of law... may be the definition can save you 

 

On 6/12/2019 at 2:29 AM, pg1067 said:

Then I suggest discussing the matter with a criminal defense attorney.

and yes I think you should discuss with a lawyer before making any further step

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On 6/14/2019 at 8:41 AM, Phoebe_Lambert said:

ignorance of law... may be the definition can save you 

 

and yes I think you should discuss with a lawyer before making any further step

Ignorance of law....may be the definition can save you..... What dose that mean??

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