49 U.S.C. § 46308

Interference with air navigation

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A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—(1) with intent to interfere with air navigation in the United States, exhibits in the United States a light or signal at a place or in a way likely to be mistaken for a true light or signal established under this part or for a true light or signal used at an air navigation facility;(2) after a warning from the Administrator of the Federal Aviation Administration, continues to maintain a misleading light or signal; or(3) knowingly interferes with the operation of a true light or signal.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1238.)

Historical and Revision Notes
46308	49 App.:1472(c).	Aug. 23, 1958, Pub. L. 85–726, § 902(c), 72 Stat. 784.
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.

Historical and Revision Notes

46308

49 App.:1472(c).

Aug. 23, 1958, Pub. L. 85–726, § 902(c), 72 Stat. 784.

49 App.:1655(c)(1).

Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.

In this section, before clause (1), the words “fined under title 18” are substituted for “a fine of not exceeding $5,000” for consistency with title 18. The words “such fine and imprisonment” are omitted as surplus. In clause (1), the words “used at” are substituted for “in connection with” for clarity. The words “airport or other” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. In clause (2), the word “due” is omitted as surplus. The word “Administrator” in section 902(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). In clause (3), the words “removes, extinguishes, or” are omitted as surplus.

Notes of Decisions

Cited in 3 cases, 2003–2015 · leading case: United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015).

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United States v. Adam Gardenhire, 784 F.3d 1277 (9th Cir. 2015). · cites it 2× “§ 46504 (assaulting a flight crew member or flight attendant), 49 U.S.C. § 46308 (2) (continuing to maintain a misleading light after a warning).”

United States v. McENRY, 659 F.3d 893 (9th Cir. 2011). “2, which applies, inter alia, to 49 U.S.C. §§ 46308 (interference with air navigation), 46503 (interference with airport security screening personnel), and 46504 (interference with flight crew members and attendants).”

Hughes v. Eleventh Jud. Circuit of Florida, 274 F. Supp. 2d 1334 (S.D. Fla. 2003). “§ 46307 ), interference with air navigation ( 49 U.S.C. § 46308 ), concession and price violations ( 49 U.”

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