Patriot Act Nabs Prankster
A man in New Jersey who admittedly shone a green laser into a small chartered Cessna jet on December 29th faces charges under the Patriot Act. David Banach first denied having shone the laser at any aircraft and blamed his daughter, but later confessed to shining the laser at the airplane as well as at the Port Authority helicopter that caught him.
The man, while arguably very stupid, now faces an incredible 25 years in prison.
Once again, the Patriot Act is working to catch terrorists and keep Americans safe! (pardon my sarcasm)
Here are the words of the provision, with the possible areas violated in bold:
Sec. 1993. Terrorist attacks and other acts of violence against mass transportation systems
(a) GENERAL PROHIBITIONS- Whoever willfully–
(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry;
(2) places or causes to be placed any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;
(3) sets fire to, or places any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by the mass transportation provider;
(4) removes appurtenances from, damages, or otherwise impairs the operation of a mass transportation signal system, including a train control system, centralized dispatching system, or rail grade crossing warning signal without authorization from the mass transportation provider;
(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, or person while they are employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;
(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or any other person while any of the foregoing are on the property of a mass transportation provider;
(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subsection; or
(8) attempts, threatens, or conspires to do any of the aforesaid acts,
shall be fined under this title or imprisoned not more than twenty years, or both, if such act is committed, or in the case of a threat or conspiracy such act would be committed, on, against, or affecting a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act.
The Patriot Act: Section 801
No life was in danger, so I doubt the prosecutor can prove “reckless disregard for the safety of human life,” and that means that it must be proved that he shone the laser in an attempt to kill or severely injure the pilots or passengers of the plane. Merely interfering isn’t a crime.
And as an aside: the laser used is wicked cool… I want one!
Update: The New York Post headline: Plane Stupid (groan… via Michelle)
