"What bothers me is that a component of the crime seems to be being simply noticeable to an air crew. That's what worries me a bit."
Same here. If a pilot looks out and sees a laser beam way off in the distance, pointing to some seemingly random location, is the laserist committing a crime? Because if you think about it, it seems virtually impossible for those planes at 38000 feet to have experienced a laser beam coming to the cockpit. First of all, the windows are on the top half of the plane, not the bottom half, so how do you get a straight beam of light into the cockpit from the ground anyway? And secondly, could you hit a 2-square-foot moving target (cockpit window) from 7 miles away with your laser? Doubtful. So it's only reasonable to assume that the pilots saw a beam somewhere that never actually entered the cockpit. Now, obviously if the beam appears directed at the craft consistently, then the laser user should be busted. But if you're out pointing at stars and a pilot reports you, WTF? Landing planes are a different story. Clearly it would be easy to shine a laser in the cockpit, and anyone even thinking of doing so should be punished.
You know, now that I think about it, I guess I'd have to admit that, in a way, I think any outdoor laser use should be illegal. And I say that having just ordered three 16x DVD diodes this week (and also having purchased my first 2 mw HeNe laser tubes 14 years ago.) But the problem is that laser use, even low power, can be extremely dangerous without great caution. And there are way too many irresponsible and careless yahoos around. In this case I would bet that the "bad apples" outnumber the serious, cautions hobbyists like those found in these forums. There's just too much out there to hit.
But to finish this diatribe, I'm going to slightly contradict what I just said and also say that I don't think outdoor laser use should be illegal. Because then what? It's the classic slippery slope. Is it going to be illegal to carry a flashlight next? Will you be labeled a terrorist for setting up a projector and watching Die Hard outdoors? In general, law enforcement needs to back away from the paranoid mindset and get back to reality.
Sorry for the rant, got carried away.