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Lasers to the eyes


Wyzz Kydd
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Given the increasing use of commercial laser pointers by Antifa and BLM a question comes to mind.

If someone is shining a laser into someone else's eyes, does that constitute assault?  If so, what legal actions can a person being assaulted in such a way take to defend himself?

I have a feeling this may become increasingly relevant.

So, someone is 'mostly peacefully protesting in my neighborhood, sees my Trump lawn sign and starts shining a laser towards my eyes.  Other than retreat, what are my legal options?

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Just now, deputy tom said:

I'm no lawyer but if someone shines a laser into my eyes I'm shooting towards that laser to the best of my abilities. tom.

I'm hoping that's a legal response.  I'm not very concerned about my ability to defend myself against these tools, but I am concerned that I stay within the law if or when I'm forced to do so.

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There are different strengths of lasers. Those used in laser sights are among the less dangerous although none are risk free.

But if the laser being shined at you is, or can be reasonably presumed to be a sight, is it assault with a deadly weapon? And if someone is sighting a weapon at you when is shooting first reasonable?

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I wander if a laser is pointed at you what the purpose would be since there are only two reasons for the laser.  A gunsight or to blind you.

I know the purpose of a gunsight, what would be purpose be for blinding you.  My take is it is to make you unable to resist any action that occurs during the time you are being blinded. That's a hostile act!

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Wisconsin:

WISCONSIN: Restrictions on the use of laser pointers
941.299  Restrictions on the use of laser pointers.

(1) In this section:
     (a) "Correctional officer" has the meaning given in s. 941.237 (1) (b).
     (b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
     (c) "Law enforcement officer" means a Wisconsin law enforcement officer, as defined in s. 175.46 (1) (g), or a federal law enforcement officer, as defined in s. 175.40 (7) (a) 1.

(2) No person may do any of the following:
     (a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer, law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden who is acting in an official capacity.
     (b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
     (c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
     (d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.

(3) 
     (a) Whoever violates sub. (2) (a) is guilty of a Class B misdemeanor.
     (b) Whoever violates sub. (2) (b), (c) or (d) is subject to a Class B forfeiture.
     (c) A person may be charged with a violation of sub. (2) (a) or (b) or both for an act involving the same victim. If the person is charged with violating both sub. (2) (a) and (b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both sub. (2) (a) and (b) for an act involving the same victim, the charge under sub. (2) (b) shall be dismissed and the person may be sentenced only under sub. (2) (a).

History: 1999 a. 157; 2007 a. 27.
 
 
the bad part about a Laser is it gives away the Position of the person shining it.
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It is 100 percent an battery (not an assault) in my state and has been for over 20 years.

I came home from the office once. Stood outside of my POV and found a red dot on my green uniform shirt.  I dropped and rolled under a large truck to my right.

Only happened once...and when i figure out where it came from it was two drunk college kids.

I ran them so far up a flag pole they are still waving and patriotic.

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33 minutes ago, holyjohnson said:

Wisconsin:

WISCONSIN: Restrictions on the use of laser pointers
941.299  Restrictions on the use of laser pointers.

(1) In this section:
     (a) "Correctional officer" has the meaning given in s. 941.237 (1) (b).
     (b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
     (c) "Law enforcement officer" means a Wisconsin law enforcement officer, as defined in s. 175.46 (1) (g), or a federal law enforcement officer, as defined in s. 175.40 (7) (a) 1.

(2) No person may do any of the following:
     (a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer, law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden who is acting in an official capacity.
     (b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
     (c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
     (d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.

(3) 
     (a) Whoever violates sub. (2) (a) is guilty of a Class B misdemeanor.
     (b) Whoever violates sub. (2) (b), (c) or (d) is subject to a Class B forfeiture.
     (c) A person may be charged with a violation of sub. (2) (a) or (b) or both for an act involving the same victim. If the person is charged with violating both sub. (2) (a) and (b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both sub. (2) (a) and (b) for an act involving the same victim, the charge under sub. (2) (b) shall be dismissed and the person may be sentenced only under sub. (2) (a).

History: 1999 a. 157; 2007 a. 27.
 
 
the bad part about a Laser is it gives away the Position of the person shining it.

Calling for counter battery fire. 

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Where I work one day I shined a red laser down a long hallway to get the distance.  Did not realize there was a mirror on the other end. Reflected back and hit me  in the eye I could not see for a minute   Quick flash then Boom....  It sucked....

DAVE..

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Anybody got any links for a super strong laser? No sense in not adding one to the arsenal. Hell, I have a sword and a bludgeon in my safe. I have hard-cast .45-70 bullets in case I need to shoot at a car engine. Why not add one more possible improvised weapon?

Edited by tadbart
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It's a topic I think we unfortunately have to consider.  If push comes to shove I have to fall back on the judged by 12 rather than carried by 6 position but I would prefer to hear opinions from more LEOs and even from attorney's.  

Georgia law says a person may use force only when 'he or she reasonably believes that such force is necessary to prevent death or great bodily injury'.....etc and so forth.  

It seems to me that a green laser which has the potential to cause permanent vision loss constitutes 'great bodily injury' but would a DA see it that way.

Hypothetically you're caught in a 'mostly peaceful' demonstration with multiple people hitting you in the face with these lasers.  You shoot four or five people who are part of the mob, but may or may not be the actual wielders of the lasers.  You're in a fairly conservative municipality, do you get charged?

Change it up a bit, you're in the same municipality as the couple that brandished an AR and a Walther, do you get charged?

Edited by Wyzz Kydd
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Do we need public opinions from local DA's stating their position on what is and isn't acceptable when confronted by a mob?  Would DA's be willing to provide such guidance.  I was renewing my carry permit last week and chit chatting with the deputy. He stated that if local politicians treated LEOs the way they're being treated in Atlanta he estimated close to half the police and deputies would retire relatively quickly.  He also stated that he, and most of the deputies he knows, would not be a part of enforcing things like mandatory masks.  That was reassuring, but ultimately it's not what the police do or don't do that could ruin an innocent life, it's what the DAs will do or not do.

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3 hours ago, tadbart said:

Anybody got any links for a super strong laser? No sense in not adding one to the arsenal. Hell, I have a sword and a bludgeon in my safe. I have hard-cast .45-70 bullets in case I need to shoot at a car engine. Why not add one more possible improvised weapon?

anything above a Class 2M is regulated by the FDA actually.

 

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These turds use lasers because they harm people but in a very passive way. There is no contact. Not like a gun or baseball bat. 
 

I wonder what the LEO response would be if a mob with lasers was confronted by citizens armed with lasers and proper protective googles. 

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13 minutes ago, Batesmotel said:

These turds use lasers because they harm people but in a very passive way. There is no contact. Not like a gun or baseball bat. 
 

I wonder what the LEO response would be if a mob with lasers was confronted by citizens armed with lasers and proper protective googles. 

Proper PPE seems to rule out the fear of great bodily harm or death. That may change how your state views your actions from that point forward. Premeditation?

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My opinion, and I stayed at a Holiday Inn once or twice, anything used with the intention of causing harm is physical assault. Denial of harm is pretty much a non factor at this point.

As for laws, they vary from state to state, but most have some reasonable action for being harmed. Some make you run and hide, and that isn't reasonable, but is another rant.

Ever pay attention where these people are doing these things? In the most draconian, liberal places they can find. Unfortunately that means large popular cities in most cases.

They don't fare very well when leaving the protection of Liberal Loon politicians and policies.

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