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49 U.S.C. § 46502 — Aircraft piracy

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 305 words · no verdicts yet

in plain englishAI-generated · not legal advice

Hijacking a plane under U.S. jurisdiction is aircraft piracy. It carries at least 20 years in prison, or death or life if someone dies. Hijacking a plane abroad can also be prosecuted if the U.S. has a strong enough tie to it.

(a) In Special Aircraft Jurisdiction. (1)(A) "Aircraft piracy" means seizing or taking control of an aircraft within the special aircraft jurisdiction of the United States, using force, violence, threat of force or violence, or any form of intimidation, with wrongful intent. (B) An attempted hijacking still counts as being within that jurisdiction even if the aircraft wasn't in flight at the time, as long as it would have been within that jurisdiction had the hijacking succeeded. (2) A person who commits, attempts, or conspires to commit aircraft piracy (A) must be imprisoned for at least 20 years; or (B) if their act causes someone else's death, must be put to death or imprisoned for life — regardless of the usual limits in section 3559(b) of title 18.

(b) Outside Special Aircraft Jurisdiction. (1) A person who commits, or conspires to commit, an offense under the Convention for the Suppression of Unlawful Seizure of Aircraft, on an aircraft in flight outside U.S. special aircraft jurisdiction, (A) must be imprisoned for at least 20 years; or (B) if their act causes someone else's death, must be put to death or imprisoned for life — regardless of the usual limits in section 3559(b) of title 18. (2) There is jurisdiction over that offense if (A) a U.S. national was aboard the aircraft; (B) the offender is a U.S. national; or (C) the offender is later found in the United States. (3) "National of the United States" has the meaning given in section 101(a)(22) of the Immigration and Nationality Act. This section does not further define the term.

the actual law source: uscode.house.gov ↗public domain
(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 or conspiring 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 or conspiring to commit 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—

(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)

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 (8 U.S.C. 1101(a)(22)).

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1241; Pub. L. 103–429, § 6(61), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–132, title VII, §§ 721(a), 723(b), Apr. 24, 1996, 110 Stat. 1298, 1300.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1241
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4385
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1298, 1300

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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