49 U.S.C. § 46314

Entering aircraft or airport area in violation of security requirements

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(a)Prohibition.—A person may not knowingly and willfully enter, in violation of security requirements prescribed under section 44901, 44903(b) or (c), or 44906 of this title, an aircraft or an airport area that serves an air carrier or foreign air carrier.(b)Criminal Penalty.—(1) A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than one year, or both.(2) A person violating subsection (a) of this section with intent to evade security procedures or restrictions or with intent to commit, in the aircraft or airport area, a felony under a law of the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.(c)Notice of Penalties.—(1)In general.—Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section 44903(c) shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under section 46301(a)(5)(A)(i) and subsection (b) of this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate.(2)Effect of signs on penalties.—An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or subsection (b) of this section without regard to whether signs are displayed at an airport as required by paragraph (1).(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 112–74, div. D, title V, § 564(b), (c), Dec. 23, 2011, 125 Stat. 981.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

46314

49 App.:1472(r).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(r); added Dec. 30, 1987, Pub. L. 100–223, § 204(f)(2), 101 Stat. 1520.

In subsection (b), the words “fined under title 18” are substituted for “a fine not to exceed $1,000” and “a fine not to exceed $10,000” for consistency with title 18.

In subsection (b)(1), the words “Upon conviction” are omitted as surplus.

In subsection (b)(2), the words “airport area” are substituted for “secured area” for consistency in this section.

Editorial NotesAmendments

2011—Subsec. (b)(2). Pub. L. 112–74, § 564(b), inserted “with intent to evade security procedures or restrictions or” after “of this section”.

Subsec. (c). Pub. L. 112–74, § 564(c), added subsec. (c).

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2002–2024 · leading case: United States v. Rosemary Schier, 438 F.3d 1104 (11th Cir. 2006).
United States v. Rosemary Schier, 438 F.3d 1104 (11th Cir. 2006). · cites it 4× “§ 46505 (b)(1) (Count 1), and knowingly entering an aircraft with a concealed weapon contrary to security requirements, in violation of 49 U.S.C. § 46314 (a), (b)(1) (Count 2). On appeal, Schier argues that: (1) the district court violated the Speedy Trial Act, 18 U.”
United States v. Lundy, 416 F. Supp. 2d 325 (E.D. Pa. 2005). “§ 1001 (Counts 2 and 3); and entering, in violation of security regulations, an airport area that serves an air carrier in violation of 49 U.S.C. § 46314 (Counts 4 and 5). (Indictment, Doc.”
Hughes v. Eleventh Jud. Circuit of Florida, 274 F. Supp. 2d 1334 (S.D. Fla. 2003). “§ 46313 ), entering aircraft or airport area in violation of security requirements ( 49 U.S.C. § 46314 ), lighting violations involving transporting controlled substances by aircraft not providing air transportation ( 49 U.”
United States v. Hedrick, 207 F. Supp. 2d 710 (S.D. Ohio 2002). “(2) All case files within the last five years referred to the Government for review, consideration, consultation, or prosecution of alleged violations of 49 U.S.C. § 46314 and which the Government either declined prosecution or sought an indictment, including the resolution of…”
United States v. Holtzhauer, 463 F. Supp. 2d 742 (S.D. Ohio 2006). · cites it 6× “Holtzhauer is accused of bringing a gun into an airport security area in violation 49 U.S.C. § 46314 (a). On October 11, 2006, a trial to the Court occurred in this matter.”
Leacock v. United States, 258 F. Supp. 3d 218 (D. Mass. 2017). “§§ 1956 (a)(3) (Counts 3 *219 & 4); and two counts of illegally entering an airport and airport area with intent to commit a felony therein, 49 U.S.C. § 46314 (a) & (b)(2) (Counts 10 & 11).”
Flint v. United States (E.D. Mich. 2024). “Pursuant to 49 U.S.C. § 46314 (a) and (b)(2), a person may not knowingly and willfully enter an airport area that serves an air carrier in violation of security requirements and regulations prescribed under 49 U.”
United States v. $148,145.00 In U.S. Currency (C.D. Cal. 2024). “Based on his attempts to avoid detection by TSA on July 25, 2017, Flint was 14 convicted of 49 U.S.C. § 46314 (a), (b)(2) for “Entering an Airport Area in Violation of 15 Security Screening Requirements” and for moving the Currency through airport security 16 while avoiding…”
United States v. Rasondo Norris, 589 F. App'x 457 (11th Cir. 2014). “§§ 846 , 841(a)(1), (b)(1)(A), and one count of entering an airport area in violation of security requirements, in violation of 49 U.S.C. § 46314 (a), (b)(2). At sentencing, the district court determined that *458 Norris had possessed a firearm in connection with the cocaine…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.