CHAPTER 465 —SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
Editorial Notes
Amendments
2018—
2001—
1994—
§46501. Definitions
In this chapter—
(1) "aircraft in flight" means an aircraft from the moment all external doors are closed following boarding—
(A) through the moment when one external door is opened to allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over responsibility for the aircraft and individuals and property on the aircraft.
(2) "special aircraft jurisdiction of the United States" includes any of the following aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the United States.
(C) another aircraft in the United States.
(D) another aircraft outside the United States—
(i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;
(ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the aircraft; or
(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.
(E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.
(3) an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the individual, when on an aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or
(B) is an accomplice of an individual referred to in subclause (A) of this clause.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46501(1) | 49 App.:1301(38) (words after 10th comma). | Aug. 23, 1958, |
| 49 App.:1472(n)(4). | Aug. 23, 1958, |
|
| 46501(2) | 49 App.:1301(38) (words before 10th comma). | |
| 46501(3) | 49 App.:1472(n)(2). |
In clause (2), before subclause (A), the words "any of the following" are substituted for "includes" for clarity. In subclause (B), the words "armed forces" are substituted for "national defense forces" because of 10:101. In subclause (D)(i), the word "place" is substituted for "point" for consistency in the revised title. The word "actually" is omitted as surplus. In subclause (D)(ii), the words "on which an individual commits" are substituted for "having . . . committed aboard" for clarity. In subclause (D)(iii), the words "against which an individual commits" are substituted for "regarding which an offense . . . is committed" for clarity. The words "(Montreal, September 23, 1971)" are omitted as surplus. In subclause (E), the words "the lessee does not have a principal place of business" are substituted for "none" for clarity.
In clause (3), the words "by force or threat thereof, or . . . other" are omitted as surplus.
§46502. Aircraft piracy
(a)
(A) "aircraft piracy" means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.
(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.
(2) An individual committing or attempting or conspiring to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding
(b)
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding
(2) There is jurisdiction over the offense in paragraph (1) if—
(A) a national of the United States was aboard the aircraft;
(B) an offender is a national of the United States; or
(C) an offender is afterwards found in the United States.
(3) For purposes of this subsection, the term "national of the United States" has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46502(a)(1) | 49 App.:1472(i)(2), (3). | Aug. 23, 1958, |
| 46502(a)(2) | 49 App.:1472(i)(1). | |
| 46502(b)(1) | 49 App.:1472(n)(1). | Aug. 23, 1958, |
| 46502(b)(2) | 49 App.:1472(n)(3). |
In subsection (a)(1)(B), the words "offense of" are omitted as surplus.
In subsection (a)(2), the words "as herein defined" are omitted as surplus.
In subsection (b)(2), the words "the place of actual" are omitted as surplus. The words "as defined in paragraph (2) of this subsection" are omitted because of the restatement. The word "country" is substituted for "State" for consistency in the revised title and with other titles of the United States Code.
Pub. L. 103–429
This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
1996—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
1994—Subsecs. (a)(2)(B), (b)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Death Penalty Procedures for Certain Air Piracy Cases Occurring Before Enactment of the Federal Death Penalty Act of 1994
"(a)
" '(c) [Omitted, see below.]'.
"(b)
"(c)
Aircraft Piracy
The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.
§46503. Interference with security screening personnel
An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.
(Added
Editorial Notes
Prior Provisions
A prior section 46503,
§46504. Interference with flight crew members and attendants
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46504 | 49 App.:1472(j). | Aug. 23, 1958, |
The words "or threatens" are omitted as being included in "intimidating". The words "(including any steward or stewardess)" are omitted as being included in "attendant". The words "fined under title 18" are substituted for "fined not more than $10,000" for consistency with title 18. The words "deadly or" are omitted as surplus.
Editorial Notes
Amendments
2001—
§46505. Carrying a weapon or explosive on an aircraft
(a)
(b)
(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;
(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or
(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.
(c)
(d)
(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;
(2) another individual the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46505(a) | 49 App.:1472(l)(4). | Aug. 23, 1958, |
| 46505(b) | 49 App.:1472(l)(1). | Aug. 23, 1958, |
| 46505(c) | 49 App.:1472(l)(2). | Aug. 23, 1958, |
| 46505(d) | 49 App.:1472(l)(3). | Aug. 23, 1958, |
In subsection (a), the definition of "firearm" is merged with the definition of "loaded firearm" because the term "firearm" is only used in the defined term "loaded firearm".
In subsections (b) and (c), the words "fined under title 18" are substituted for "fined not more than $10,000" and "fined not more than $25,000" for consistency with title 18.
In subsections (b)(1) and (d)(2), the words "deadly or" are omitted as surplus.
In subsection (b)(2), the words "baggage or other" are omitted as surplus.
In subsection (b)(3), the words "bomb or similar" are omitted as surplus.
In subsection (d)(1), the words "State or political subdivision of a State" are substituted for "municipal or State government" for consistency in the revised title and with other titles of the United States Code. The words "or required" are omitted as surplus.
In subsection (d)(3), the word "contained" is omitted as surplus.
Editorial Notes
Amendments
2018—Subsec. (d)(2).
2001—Subsec. (c).
Subsec. (d)(2).
Subsec. (e).
1996—Subsec. (b).
Subsec. (c).
§46506. Application of certain criminal laws to acts on aircraft
An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that—
(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in
(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), shall be fined under title 18, imprisoned under section 9 of the Act, or both.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46506 | 49 App.:1472(k). | Aug. 23, 1958, |
In clause (1), the words "fined under title 18, imprisoned under that section or chapter, or both" are substituted for "punished as provided therein" for consistency with title 18.
In clause (2), the words "fined under title 18, imprisoned under section 9 of the Act, or both" are substituted for "punished as provided therein" for consistency with title 18.
Editorial Notes
References in Text
Section 9 of the Act of July 29, 1892, referred to in par. (2), is section 9 of act July 29, 1892, ch. 320,
§46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if the individual—
(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate
(2)(A) threatens to violate
(B) has the apparent determination and will to carry out the threat.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46507 | 49 App.:1472(m). | Aug. 23, 1958, |
In this section, before clause (1), the words "fined under title 18" are substituted for "fined not more than $25,000" for consistency with title 18. In clauses (1) and (2), the words "a felony" are omitted as surplus. In clause (1), the words "gives, or causes to be given" are substituted for "imparts or conveys or causes to be imparted or conveyed" to eliminate unnecessary words. The words "attempt or" are omitted as surplus. In clause (2), the words "threatens . . . or causes a threat . . . to be made" are substituted for "imparts or conveys or causes to be imparted or conveyed any threat" to eliminate unnecessary words.