Improperly using a laser pointer could result in quick criminal charges. Contact Van Severen Law Office, S.C. at (414) 270-0202 for help.
Laser pointers are useful for a variety of reasons – playing with your pets, pointing out objects that you can’t reach, and can be useful when appropriately mounted to various firearms. But they can also lead to criminal charges in a hurry. Simply pointing a laser pointer at a law enforcement officer is a Class B misdemeanor. While not the most serious criminal charge in Wisconsin, it does carry painful penalties. Those penalties include up to 90 days in jail, $1,000.00 in fines, or both. No mandatory minimum penalty applies to this charge. A prison sentence is not a possibility.
Lesser offenses for improper use of laser pointers are punishable as Class B forfeitures. A forfeiture is a civil offense and is not a crime. A Class B forfeiture’s maximum penalty is a $1,000.00 fine. The actions prohibited here include things like intentionally pointing a laser pointer at another human without a legitimate purpose, or using a laser pointer to disrupt a public event.
We’ve used laser pointers for a variety of fun purposes, and we recognize that sometimes there’s a temptation to push the limits with these devices. While we don’t think that pointing one at a cop should be a criminal offense, we’re prepared to defend against these charges. Importantly, while it might seem like kids just having fun, a criminal record will stick with you for the rest of your life. Let’s figure out a way to fight your charges together. Contact Van Severen Law Office, S.C. at (414) 270-0202 to speak with any of our criminal defense lawyers.
Section 941.299 of the Wisconsin Statutes: restrictions on the use of laser pointers
Although we’ve referred to this crime as “improper use of laser pointers,” the statute is actually titled “restrictions on the use of laser pointers.” Section 941.299(2) of the Wisconsin Statutes provides the following language:
(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.
Although we’ll cover penalties in the next paragraph, it’s important to point out that subsection (a) is a crime, while (b), (c), and (d) are all forfeitures. In other words, it’s only a crime when a laser pointed is focused on any part of the body of a correctional officer, law enforcement officer, or commission warden. You’ll quickly notice that fire fighters, peace officers (including security guards), prosecutors, and judges are not included on this list. While misusing a laser pointer and directing it at those individuals will still subject you to forfeiture liability, it’s not a crime.
And the penalties?
They’re provided in Section 941.299(3) of the Wisconsin Statutes:
(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).
Subsection (c) is a wordy way of simply saying you can be charged with the criminal and the forfeiture version of this offense at the same time. In effect, this adds an additional $1,000.00 penalty (from the Class B forfeiture) on top of the 90 days jail and $1,000.00 for the criminal charge. Let’s consider an example to further clarify: Defendant points a firearm at Cop. Defendant has no legitimate purpose in directing the pointer at Cop and admits that his intent was to scare Cop. Since Cop is a law enforcement officer, misdemeanor charges apply. Since Defendant had no legitimate purpose (scaring a law enforcement officer isn’t a legitimate purpose), he faces criminal charges under Wis. Stat. sec. 941.299(1) and a forfeiture under Wis. Stat. sec. 941.299(2).
I’ve been charged with a crime. What do I do now?
We think that the best way to deal with criminal charges is to hire a skilled, aggressive, intelligent criminal defense lawyer. Any lawyer can show up to court, but do they know what they’re doing? Can they negotiate a resolution that keeps your criminal record clean? If negotiations fail, can they competently represent you at trial? While these sound like big questions for a Class B misdemeanor, at Van Severen Law Office, we fight all criminal charges with the same vigor.
Van Severen Law Office is a criminal defense firm based in Milwaukee, WI. Our entire practice is focused solely on defending individuals accused of crimes (and adjacent forfeitures). We don’t handle divorces, adoptions, business contracts, or other areas of law. Handling these cases, even on the side, pulls away from our goal of being the best criminal defense lawyers in Wisconsin. Helping you divorce your wife won’t keep you out of jail, right?
Finally, we offer free consultations to potential clients. We treat this as an opportunity to sit down with you, learn what happened, and answer your questions. Once that’s finished, we’ll discuss moving forward with our firm and expectations in your case. Contact us at (414) 270-0202. We defend cases throughout Wisconsin.
