49 U.S.C. § 46502

Aircraft piracy

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(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)).(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.)

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).

Editorial NotesAmendments

1996—Subsec. (a)(2). Pub. L. 104–132, § 723(b)(1), inserted “or conspiring” after “attempting”.

Subsec. (b)(1). Pub. L. 104–132, §§ 721(a)(1), 723(b)(2), in introductory provisions, inserted “or conspiring to commit” after “committing” and struck out “and later found in the United States” after “jurisdiction of the United States”.

Subsec. (b)(2). Pub. L. 104–132, § 721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

Subsec. (b)(3). Pub. L. 104–132, § 721(a)(3), added par. (3).

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

Statutory Notes and Related SubsidiariesEffective 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.

Death Penalty Procedures for Certain Air Piracy Cases Occurring Before Enactment of the Federal Death Penalty Act of 1994

Pub. L. 109–177, title II, § 211, Mar. 9, 2006, 120 Stat. 230, provided that:“(a)In General.—Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended, as of the time of its enactment [Sept. 13, 1994], by adding at the end the following:

“ ‘(c) [Omitted, see below.]’.

“(b)Severability Clause.—If any provision of section 60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994 (Public Law 103–322) [repealed section 46503 of this title], or the application thereof to any person or any circumstance is held invalid, the remainder of such section and the application of such section to other persons or circumstances shall not be affected thereby.”

Pub. L. 103–322, title VI, § 60003(c), as added by Pub. L. 109–177, title II, § 211(a), Mar. 9, 2006, 120 Stat. 230, provided that:“(c)Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.—An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) [Sept. 13, 1994], but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366) [Aug. 5, 1974], it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term ‘especially heinous, cruel, or depraved’, as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language ‘in that it involved torture or serious physical abuse to the victim’, and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.”

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.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1995–2021 · leading case: United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008).

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United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008). · cites it 4× “§ 1751 (Count 7); Conspiracy to Commit Aircraft Piracy, 49 U.S.C.A. § 46502 (a)(2) (Count 8); and Conspiracy to Destroy Aircraft, 18 U.”

United States v. Alvenis Arias-Izquierdo, 449 F.3d 1168 (11th Cir. 2006). · cites it 6× “Appellants Alvenis Arias-Izquierdo, Eduardo Javier Mejia Morales, Neudis Infantes Hernandez, Yainer Oli-vares — Samon, Alexis Norneilla Morales, and Miakel Guerra Morales were tried on four counts pertaining to the hijacking of the plane: (1) conspiracy to commit aircraft…”

United States v. Josie Clark, 274 F.3d 1325 (11th Cir. 2001). · cites it 5× “PER CURIAM: The government appeals, and Josie Clark cross-appeals, the district court’s im *1326 position of a 150-month sentence for aircraft piracy, in violation of 49 U.S.C. § 46502 . Failing to object below, the government now argues for the first time on appeal that the…”

United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). · cites it 4× “§ 220 (e) Falsely entering or destroying books or accounts of com- 1 year mon carrier 49 U.S.C. § 46502 (a)(2)(A) Committing or attempting to commit aircraft piracy in 20 years special aircraft jurisdiction of the United States; no death of another individual 49 U.”

United States v. Rezaq, Omar Mohammed, 134 F.3d 1121 (D.C. Cir. 1998). · cites it 3× “The revised statute, which now appears at 49 U.S.C. § 46502 (b), provides in relevant part: (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…”

Luna Torres v. Lynch, 136 S. Ct. 1619 (2016). “But nearly all of the statutes listed in § 3559(c)(2)(F) contain place-based jurisdiction elements-the crime must take place "within the special maritime and territorial jurisdiction of the United States," e.”

United States v. Yousef, 327 F.3d 56 (2d Cir. 2003). · cites it 3× “2d at 1091-92 (applying similar reasoning to analogous statute, 49 U.S.C. § 46502 , formerly 49 U.S.C.App.”

Abbott v. United States, 131 S. Ct. 18 (2010). “…provisions.” Brief for United States 22. See, e. g., § 3559(c) (prescribing penalties for violations of, inter alia, 49 U. S. C. § 46502 and 18 U. S. C. §§ 1111 , 2111, 2113, and 2118); § 3559(d) (prescribing penalties for violations of, inter alia, 18 U. S. C. §§ 2422 ,…”

United States v. Moussaoui, 591 F.3d 263 (4th Cir. 2010). “§§ 2332b(a)(2), (c) (West 2000); (2) conspiracy to commit aircraft piracy, see 49 U.S.C.A. § 46502 (a)(1)(A), (a)(2)(B) (West 2007); (3) conspiracy to destroy aircraft, see 18 U.”

United States v. Auburn Calloway, 116 F.3d 1129 (6th Cir. 1997). · cites it 2× “§ 1472 (i) (now codified at 49 U.S.C. § 46502 ) and interference with flight crew members in violation of 49 U.”

Al-Marri v. Pucciarelli, 534 F.3d 213 (4th Cir. 2008). · cites it 2× “§ 1751 (prohibiting assassinating or conspiring to assassinate the President or Vice President of the United States); 49 U.S.C. § 46502 (a)(2) (prohibiting committing or conspiring to commit aircraft piracy); 18 U.”

United States v. Rojas Tapia, 446 F.3d 1 (1st Cir. 2006). “In due course, defendant and his associates were indicted on one count each of conspiring to commit aircraft piracy, 49 U.S.C. § 46502 (a)(1), armed aircraft piracy, id, and use of a semiautomatic weapon during or in relation to a crime of violence, 18 U.”

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