Texas Penal Code 42.14 – Illumination of Aircraft by Intense Light
WHAT IS ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
The Texas law against illuminating an aircraft by intense light criminalizes directing light at any aircraft, including law enforcement helicopters, with enough intensity to potentially hinder the pilot’s control. Such practice is referred to as “spotlighting,” or causing “flash blindness,” which increases the danger of crashing.
WHAT IS THE ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT LAW IN TEXAS?
Tex. Penal Code § 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT.
(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.
(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.
(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator’s ability to control the aircraft, in which event the offense is a Class A misdemeanor.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
WHAT IS THE PENALTY CLASS FOR ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
Illumination of an aircraft by intense light is a Class A misdemeanor, punishable by up to one year in jail, if the light is intense enough to impair the operator’s ability to control the aircraft. If the light does not impair the pilot or operator, it is a Class C misdemeanor, punishable by a maximum fine of $500.
WHAT IS THE PUNISHMENT RANGE FOR ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
The punishment range for illumination of an aircraft by intense light charged as a Class A misdemeanor is a maximum jail sentence of one year, and a maximum $4,000 fine. If charged as a Class C misdemeanor, it carries only a fine of up to $500.
WHAT ARE THE PENALTIES FOR ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
A person charged with Class A misdemeanor illumination of an aircraft by intense light may be eligible for probation after a conviction, or deferred adjudication without a conviction, for up to two years. Deferred adjudication for a Class C misdemeanor may not exceed 180 days.
WHAT ARE THE DEFENSES TO ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
There are no statutory defenses to illumination of an aircraft by intense light, so an accused may attempt to negate one of the elements the State is required to prove beyond a reasonable doubt.
For example, identity is typically the most difficult element to prove in illumination of aircraft by intense light cases. However, the high-definition tactical surveillance systems on law enforcement aircrafts are able to capture details from some distance.
WHAT IS THE STATUTE OF LIMITATIONS FOR ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS?
The limitation period for illumination of aircraft by intense light is two years.
ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT IN TEXAS
The Texas Legislature passed the law against illuminating aircrafts by intense light in 2007 to combat the growing number of people who intentionally directed light at law enforcement aircrafts.
TEXAS ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT COURT CASES
The case law regarding illumination of aircraft by intense light in Texas demonstrates how the law applies.
- In Amspacher v. State, a pilot flying his helicopter at night over Fort Hood, Texas was spotlighted by the defendant, causing flash blindness, and impairing his night vision. Although he did not lose control, and was in no danger of crashing, the light interfered with his ability to fly safely and observe his surroundings.The defendant was convicted of illuminating an aircraft by intense light, and impairing the pilot’s ability to control the aircraft. The appellate court affirmed, explaining that no immediate danger was required to show impairment. The pilot’s testimony sufficed.
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CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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