§ 30-461. - Prohibited acts.
(a) It shall be unlawful for any person less than 18 years of age to have in his or her possession an operable laser pointer or laser lighting device, except in the residence of that minor. A laser lighting device or laser pointer means a handheld device which emits a laser light beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark or identify a specific position, place, item or object. All laser lighting devices or laser pointers which are in the possession of a person under the age of 18 in violation of this article shall be subject to forfeiture and will not be returned except upon a written request from a parent or legal guardian or pursuant to an order of a court of competent jurisdiction.
(b) It shall be unlawful for any person to knowingly sell, offer to sell, lease, give or otherwise provide a laser pointer or laser lighting device to a minor, except as otherwise permitted by Subsection (c) of this section. No minor shall, at the time of any attempted acquisition of such laser pointer or laser lighting device, furnish fraudulent evidence of majority.
(c) The provision of Subsection (a) and (b) in this section do not apply if:
(1) the minor is accompanied by his or her parent or legal guardian at the time of sale, lease or transfer of the laser pointer or laser lighting device;
(2) the laser pointer or laser lighting device is temporarily transferred to the minor for an educational or other lawful purpose and the minor is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible person 18 years of age or older; or
(3) the minor's possession of the laser pointer or laser lighting device is necessary for his or her employment, trade or occupation and it is necessary for the pointer to be carried on his or her person.
(d) An honest mistake as to the age of a minor shall constitute an excuse from liability under this section if the defendant has made a reasonable attempt to ascertain the age of the minor, by requiring production of a driver's license, birth certificate, or other governmental or educational identification card or paper, and has not relied solely on the oral allegations of, or the apparent age of, the minor.
(e) The provisions of Subsection (a) shall not apply if the laser pointer or laser lighting device is temporarily transferred to the person under the age of 18, for an educational or other lawful purpose and the person is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible adult.
(Ord. No. 21350, § 1, 11-9-99)
