TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 107 - SEAMEN AND STOWAWAYS
HEAD
Sec. 2199. Stowaways on vessels or aircraft
STATUTE
Whoever, without the consent of the owner, charterer, master, or
person in command of any vessel, or aircraft, with intent to obtain
transportation, boards, enters or secretes himself aboard such
vessel or aircraft and is thereon at the time of departure of said
vessel or aircraft from a port, harbor, wharf, airport or other
place within the jurisdiction of the United States; or
Whoever, with like intent, having boarded, entered or secreted
himself aboard a vessel or aircraft at any place within or without
the jurisdiction of the United States, remains aboard after the
vessel or aircraft has left such place and is thereon at any place
within the jurisdiction of the United States; or
Whoever, with intent to obtain a ride or transportation, boards
or enters any aircraft owned or operated by the United States
without the consent of the person in command or other duly
authorized officer or agent -
(1) shall be fined under this title, imprisoned not more than 5
years, or both;
(2) if the person commits an act proscribed by this section,
with the intent to commit serious bodily injury, and serious
bodily injury occurs (as defined under section 1365, including
any conduct that, if the conduct occurred in the special maritime
and territorial jurisdiction of the United States, would violate
section 2241 or 2242) to any person other than a participant as a
result of a violation of this section, shall be fined under this
title or imprisoned not more than 20 years, or both; and
(3) if an individual commits an act proscribed by this section,
with the intent to cause death, and if the death of any person
other than a participant occurs as a result of a violation of
this section, shall be fined under this title, imprisoned for any
number of years or for life, or both.
The word "aircraft" as used in this section includes any
contrivance for navigation or flight in the air.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 104-294, title VI,
Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 109-177,
title III, Sec. 308, Mar. 9, 2006, 120 Stat. 241.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 469-474 (June 11,
1940, ch. 326, Secs. 1-3, 54 Stat. 306; Mar. 4, 1944, ch. 82, Secs.
1-4, 58 Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188).
Sections consolidated and rewritten with changes of phraseology
and substance.
In section 469 of title 18, U.S.C., 1940 ed., the element of
intent not to pay for transportation was omitted as unnecessary
since the payment of transportation will invariably remove the
stowaway from the operation of the section by purchasing the
master's "consent".
In section 472 of title 18, U.S.C., 1940 ed., the enumerations of
State, Territory, Possession, District of Columbia, and The Canal
Zone, was omitted as adequately covered by "place within the
jurisdiction of the United States."
The punishment provision is the same as in sections 470, 472, and
473 of title 18, U.S.C., 1940 ed., but the fine is $500 more than
the maximum fine provided by said section 469. There seemed no
point, however, in preserving a differential in favor of the
stowaway as against the aider and abettor of $500. The court can be
trusted to exercise a wise discretion within the slightly larger
limits provided by the revised section.
The provision for punishment of aiders and abettors in section
470 of title 18, U.S.C., 1940 ed., was omitted as unnecessary since
they are punishable as principals by section 2 of this title.
Sections 471 and 474 of title 18, U.S.C., 1940 ed., were omitted
as obviously unnecessary.
AMENDMENTS
2006 - Pub. L. 109-177 added pars. (1) to (3) and struck out
former fourth undesignated par. which read as follows: "Shall be
fined under this title or imprisoned not more than one year, or
both."
1996 - Pub. L. 104-294 substituted "fined under this title" for
"fined not more than $1,000" in fourth undesignated par.
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