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A. A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree, as provided in RCW Title 9A:

1. At a person, not described in section 3(1)(a) through (f) of Chapter 180, Laws of 1999, who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or

2. At a person described in section 3(1)(b) through (f) of Chapter 180, Laws of 1999, causing a substantial risk of an impairment or interruption as described in Section 3(1)(b) through (f) of Chapter 180, Laws of 1999; or

3. At a person in order to intimidate or threaten that person.

B. Except as provided in Section 10.17.030 of this chapter, unlawful discharge of a laser in the second degree is a gross misdemeanor. (Ord. 2418-99 § 3, 1999.)