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CITE

    49 USC Sec. 46317                                           01/08/2008

EXPCITE

    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iv - enforcement and penalties
    CHAPTER 463 - PENALTIES

HEAD

    Sec. 46317. Criminal penalty for pilots operating in air
      transportation without an airman's certificate

STATUTE

      (a) General Criminal Penalty. - An individual shall be fined
    under title 18 or imprisoned for not more than 3 years, or both, if
    that individual -
        (1) knowingly and willfully serves or attempts to serve in any
      capacity as an airman operating an aircraft in air transportation
      without an airman's certificate authorizing the individual to
      serve in that capacity; or
        (2) knowingly and willfully employs for service or uses in any
      capacity as an airman to operate an aircraft in air
      transportation an individual who does not have an airman's
      certificate authorizing the individual to serve in that capacity.
      (b) Controlled Substance Criminal Penalty. -
        (1) Controlled substances defined. - In this subsection, the
      term "controlled substance" has the meaning given that term in
      section 102 of the Comprehensive Drug Abuse Prevention and
      Control Act of 1970 (21 U.S.C. 802).
        (2) Criminal penalty. - An individual violating subsection (a)
      shall be fined under title 18 or imprisoned for not more than 5
      years, or both, if the violation is related to transporting a
      controlled substance by aircraft or aiding or facilitating a
      controlled substance violation and that transporting, aiding, or
      facilitating -
          (A) is punishable by death or imprisonment of more than 1
        year under a Federal or State law; or
          (B) is related to an act punishable by death or imprisonment
        for more than 1 year under a Federal or State law related to a
        controlled substance (except a law related to simple possession
        (as that term is used in section 46306(c)) of a controlled
        substance).
        (3) Terms of imprisonment. - A term of imprisonment imposed
      under paragraph (2) shall be served in addition to, and not
      concurrently with, any other term of imprisonment imposed on the
      individual subject to the imprisonment.

SOURCE

    (Added Pub. L. 106-181, title V, Sec. 509(a), Apr. 5, 2000, 114
    Stat. 141.)

EFFECTIVE DATE

      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.
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