Assume you are the district court judge in the trial of Don Defendant. Don has been charged with two counts of violations of federal statutes: (1) Violation of 18 U.S.C. 39 (A) (a), and (2) Violation of 18 U.S.C. 32(a) (5). In pertinent part, those statutes state as follows: Section 39(A) (a): "Whoever knowingly aims the beam of a laser pointer at an aircraft, ..." violates the statute. Section 32(a) (5): Any person who "interferes with or disables, with intent to endanger the safety of any person or in a reckless disregard for human life, anyone engaged in the authorized operation ..." of any aircraft violates the statute. The facts are not in dispute. Don was in his back yard playing with his new laser pointer. Don did not know how high the pointer would project the laser beam, so he pointed it at a commercial airplane flying high overhead. The pilot of the airplane radioed local police, informing them her cockpit had been illuminated by a laser beam. Police traced the beam to Don, who admitted he was pointing the laser at the airplane. To convict him under section 39 (A) (a) Don contends the prosecution must