§46502. Aircraft piracy

(a) In Special Aircraft Jurisdiction.-(1) In this subsection-

(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 to commit aircraft piracy-

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

(b) Outside Special Aircraft Jurisdiction.-(1) An individual committing an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States and later found in the United States-

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

(2) This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1241 ; Pub. L. 103–429, §6(61), Oct. 31, 1994, 108 Stat. 4385 .)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46502(a)(1)	49 App.:1472(i)(2), (3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §902(i); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466 ; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921 ; Aug. 5, 1974, Pub. L. 93–366, §§103(a), 104, 88 Stat. 410 , 411.
46502(a)(2)	49 App.:1472(i)(1).
46502(b)(1)	49 App.:1472(n)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §902(n)(1), (3); added Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410 .
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 (Public Law 103–272, 108 Stat. 1241, 1242).

Amendments

1994-Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted "notwithstanding section 3559(b) of title 18," before "if the death".

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

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.

Section Referred to in Other Sections

This section is referred to in sections 44903, 46302, 46507 of this title; title 18 sections 2333, 2339A, 2516, 3286, 3559, 3592, 3663.