(1) Terms defined in Sections 76-1-101.5 and 76-9-1701 apply to this section.
(2) An actor commits unlawful use of a laser pointer against a law enforcement officer if the actor directs a beam of laser light from a laser pointer at an individual who the actor knows or has reason to know is a law enforcement officer.
(3) A violation of Subsection (2) is a class C misdemeanor.
(4) It is an affirmative defense to a charge under Subsection (2) that:
(a) the law enforcement officer was:
(i) not in uniform;
(ii) not traveling in a vehicle identified as a law enforcement vehicle; and
(iii) not otherwise engaged in an activity that would give the actor reason to know the law enforcement officer to be a law enforcement officer; and
(b) the law enforcement officer was not otherwise known by the actor to be a law enforcement officer.
(5) If the violation of this section constitutes an offense subject to a greater penalty under another provision of this title than is provided under this section, this section does not prohibit the prosecution and sentencing for the offense subject to a greater penalty.