
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC46502]

 
                        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
 
Sec. 46502. Aircraft piracy

    (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, 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  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46502(a)(1)...........................  49 App.:1472(i)(2), (3).         Aug. 2
3, 1958, Pub. L. 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. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  902(n)(1), (3); added Aug.
                                                                          5, 19
74, Pub. L. 93-366, Sec.  103(b),
                                                                          88 St
at. 410.
46502(b)(2)...........................  49 App.:1472(n)(3).
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---------------------------------

    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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 44903, 46302, 46507 of this 
title; title 18 sections 1956, 2332b, 2333, 2339A, 2516, 3286, 3559, 
3592, 3663.
