U.S. Code
»
Title 49
» Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart iv— enforcement and penalties › Chapter CHAPTER 465— SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
49 U.S.C. § 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.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1240.)Historical and Revision Notes |
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46501(1) | 49 App.:1301(38) (words after 10th comma). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(38); added Oct. 14, 1970, Pub. L. 91–449, § 1(1), 84 Stat. 921; restated Aug. 5, 1974, Pub. L. 93–366, §§ 102, 206, 88 Stat. 409, 419; Nov. 9, 1977, Pub. L. 95–163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, § 2(b), 92 Stat. 1705; Oct. 12, 1984, Pub. L. 98–473, § 2013(c), 98 Stat. 2189. |
| 49 App.:1472(n)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(n)(2), (4); added Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410, 411. |
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.
Notes of Decisions
United States v. Irek Hamidullin, 888 F.3d 62 (4th Cir. 2018).
· cites it 2× “49 U.S.C. § 46501 (2)(B). Section 32(b) criminalizes the damage or destruction of “civil aircraft registered in a country other than the United States.”
United States v. Yousef, 327 F.3d 56 (2d Cir. 2003).
“Under 49 U.S.C. § 46501 (2)(A) the “special aircraft jurisdiction of the United States” is defined to include any “civil aircraft of the United States” while that aircraft is in flight.”
United States v. Jason Dennis McGuire, 706 F.3d 1333 (11th Cir. 2013).
“This is defined as an “aircraft in flight,” 49 U.S.C. § 46501 (2), which is further defined as encompassing the time “from the moment all external doors are closed following boarding through the moment when one external door is opened to allow passengers to leave.”
United States v. Monique Lozoya, 982 F.3d 648 (9th Cir. 2020).
“Decades ago, at the onset of the “age of jet aircraft,” Congress recognized that crimes committed in the skies raise difficult questions: “Although State criminal statutes generally cover crimes committed on board aircraft in flight over the State, the advent of high-speed,…”
United States v. Hamidullin, 114 F. Supp. 3d 365 (E.D. Va. 2015).
“49 U.S.C. § 46501 (2)(B). While perhaps arguably excluding lawful acts of war, the plain language of Section 32(a) seems to embrace unlawful acts even in a combat zone.”
United States v. Yousef, 927 F. Supp. 673 (S.D.N.Y. 1996).
“49 U.S.C. § 46501 (2)(A). “Civil aircraft of the United States” is defined as “aircraft registered under chapter 441 of Title 49.”
Smith v. Gerber, 64 F. Supp. 2d 784 (N.D. Ill. 1999).
“These sections have been subsumed by 49 U.S.C. § 46501 , which creates “special aircraft jurisdiction” for criminal prosecutions involving crimes such as air piracy.”
United States v. Cafiero, 292 F. Supp. 2d 242 (D. Mass. 2003).
“Subject Matter Jurisdiction The jurisdictional question at issue is whether the offense with which Cafiero is charged took place within the “special aircraft jurisdiction of the Unites States” as defined under 49 U.S.C. § 46501 (2). The indictment charges that defendant Cafiero:…”
United States v. Bawer Aksal, 638 F. App'x 136 (3rd Cir. 2015).
“Aksal was convicted of two criminal counts for this conduct, which occurred in the special aircraft jurisdiction of the United States, see 49 U.S.C. § 46501 et seq.: (1) knowingly engaging in a sexual act with Thomas while knowing her to be incapable of appraising the nature of…”
United States v. Moradi, 706 F. Supp. 2d 639 (D. Maryland 2010).
· cites it 3× “of title 18, shall be fined under title 18, imprisoned under that section or chapter, or both[J 49 U.S.C. § 46501 (2) defines “special aircraft jurisdiction of the United States” to “include[ ] any of the following aircraft in flight: .”
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