The Texas Use of Laser Pointers law gives police the right to arrest you if they believe you knowingly directed a light from a laser pointer at a police officer, firefighter, medical worker, or uniformed officer of any kind.
FAQs about the
Use of Laser Pointers law in Texas
- What is the current Texas law about Use of Laser Pointers?
- How can I be charged with a Use of Laser Pointers offense in Texas?
- What is the statute of limitation for Use of Laser Pointers in Texas?
- What is the penalty for a Texas Use of Laser Pointers offense?
- Can you get probation for Use of Laser Pointers in Texas?
- What level of crime is Use of Laser Pointers in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 42.13. The legislature did not update this law in 2023, but amendments were made to the statute in 2021 that provided penalty enhancements for offenses that resulted in bodily injury.
The Penal Code codifies the Texas Use of Laser Pointers law under Title 9 “Offenses Against Public Order and Decency,” Chapter 42 “Disorderly Conduct and Related Offenses.” Learn more about the Texas offense of Use of Laser Pointers below.
What is the current Texas law about Use of Laser Pointers?
The current Texas law defines the offense of Use of Laser Pointers in Penal Code Section §42.13 as follows:[1]
(a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.
How can I be charged with a Use of Laser Pointers offense in Texas?
You can be charged with Use of Laser Pointers in Texas if the state’s attorneys believe that each of the elements of 42.13(a) as described in the section above have been met.
What is the statute of limitation for Use of Laser Pointers in Texas?
Misdemeanor level Use of Laser Pointers charges have a two-year limitations period.[2] Felony level offenses have a three-year limitations period.[3]
What is the penalty for a Texas Use of Laser Pointers offense?
A conviction for Use of Laser Pointers in Texas is punished by default as a Class C Misdemeanor,[4] with a maximum possible fine under Texas state law of up to $500. However, the offense may be enhanced if one of penalty enhancements apply.
The penalty enhancements effective in 2021
The legislature passed a bill in 2021 that created two penalty enhancements for this offense, effective September 1, 2021.[5] The offense can be punished as a third degree felony if the conduct caused bodily injury to the officer.[6] And the offense can be punished as a first degree felony if the conduct caused serious bodily injury to the officer.[7]
Can you get probation for Use of Laser Pointers in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Use of Laser Pointers, and judges are also allowed to accept deferred adjudication plea deals.[8]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[10]
What level of crime is Use of Laser Pointers in Texas?
The base classification for a Use of Laser Pointers offense is a Class C misdemeanor, but the state can seek a third degree felony or first degree felony enhancement if the offense conduct caused bodily injury to the officer.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §42.13. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §42.13(c)^5. HB 2366, 87th Legislature, Section 4^6. Texas Penal Code §42.13(c)(1), as enacted by HB 2366, 87th Legislature, Section 1^7. Texas Penal Code §42.13(c)(2), as enacted by HB 2366, 87th Legislature, Section 1^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure
