The Texas Illumination of Aircraft by Intense Light law gives police the right to arrest you if they believe you intentionally directed a light from a laser pointer or other light source at an aircraft if the light had an intensity strong enough to impair the aircraft operator’s ability to control the aircraft.
FAQs about the
Illumination of Aircraft by Intense Light law in Texas
- What is the current Texas law about Illumination of Aircraft by Intense Light?
- How can I be charged with an Illumination of Aircraft by Intense Light offense in Texas?
- What is the statute of limitation for Illumination of Aircraft by Intense Light in Texas?
- What is the penalty for a Texas Illumination of Aircraft by Intense Light offense?
- Can you get probation for Illumination of Aircraft by Intense Light in Texas?
- What level of crime is Illumination of Aircraft by Intense Light in Texas?
The Texas state legislature created this offense in 2007 in response to a rising concern that the proliferation of high-powered lasers pose a risk to airliners if used inappropriately.
Have you been charged with Illumination of Aircraft by Intense Light? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 42.14. The law was not updated in 2023. In fact, the law has not been amended since it was enacted.
The Penal Code codifies the Texas Illumination of Aircraft by Intense Light law under Title 9 “Offenses Against Public Order and Decency,” Chapter 42 “Disorderly Conduct and Related Offenses.” Learn more about the Texas offense of Illumination of Aircraft by Intense Light below.
What is the current Texas law about Illumination of Aircraft by Intense Light?
The current Texas law defines the offense of Illumination of Aircraft by Intense Light in Penal Code Section §42.14 as follows:[1]
(a) A person commits an offense if:
(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and
(2) the light has an intensity sufficient to impair the operator’s ability to control the aircraft.
The law does not require the aircraft to actually have been impaired. So long as the light source is actually powerful enough to affect the pilot, then the element in subsection (2) is satisfied. The state prosecuting attorneys do, however, have to prove that the action was intentional.
How can I be charged with an Illumination of Aircraft by Intense Light offense in Texas?
You can be charged with Illumination of Aircraft by Intense Light in Texas if the state’s attorneys believe that each of the elements of 42.14(a) as described in the section above have been met.
You can be convicted even if the light did not actually impair the airplane. The light itself has to be bright enough to be able to cause distress to the pilot, which is really a question about the nature of the light, not a question of what happened in the specific instance. If the light did in fact impair the operator’s ability to control the aircraft, then the state’s attorneys can use this to enhance the offense to a Class A misdemeanor.[2]
What is the statute of limitation for Illumination of Aircraft by Intense Light in Texas?
As a misdemeanor, Illumination of Aircraft by Intense Light charges have a two-year limitations period.[3]
What is the penalty for a Texas Illumination of Aircraft by Intense Light offense?
A conviction for Illumination of Aircraft by Intense Light in Texas is punished as a Class C misdemeanor,[4] with a maximum possible fine under Texas state law of up to $500. But the state of Texas can charge this offense as a Class A misdemeanor, with a maximum possible fine under Texas state law of up to $4,000 and up one year of jail time, if they believe you impaired the pilots ability to control the aircraft. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Illumination of Aircraft by Intense Light in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Illumination of Aircraft by Intense Light, and judges are also allowed to accept deferred adjudication plea deals.[5]
What level of crime is Illumination of Aircraft by Intense Light in Texas?
The Penal Code classifies Illumination of Aircraft by Intense Light as either a Class C misdemeanor or Class A misdemeanor, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §42.14. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code §42.14(c)^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §42.14(c)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
