CITE

    49 USC Sec. 46502                                           01/08/2008

EXPCITE

    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 465 - SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

HEAD

    Sec. 46502. Aircraft piracy

STATUTE

      (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

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

HISTORICAL AND REVISION NOTES

                              PUB. L. 103-272
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    46502(a)(1)    49 App.:1472(i)(2),     Aug. 23, 1958, Pub. L.
                    (3).                    85-726, 72 Stat. 731, Sec.
                                            902(i); added Sept. 5, 1961,
                                            Pub. L. 87-197, Sec. 1, 75
                                            Stat. 466; Oct. 14, 1970,
                                            Pub. L. 91-449, Sec. 1(3),
                                            84 Stat. 921; Aug. 5, 1974,
                                            Pub. L. 93-366, Secs.
                                            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, Sec.
                                            902(n)(1), (3); added Aug.
                                            5, 1974, Pub. L. 93-366,
                                            Sec. 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).
                                AMENDMENTS
      1996 - Subsec. (a)(2). Pub. L. 104-132, Sec. 723(b)(1), inserted
    "or conspiring" after "attempting".
      Subsec. (b)(1). Pub. L. 104-132, Secs. 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, Sec. 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, Sec. 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".
                     EFFECTIVE 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, Sec. 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, Sec. 60003(c), as added by Pub. L. 109-
    177, title II, Sec. 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.
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