Criminal Law

Air Piracy and Offenses Against Mass Transportation Systems - Offenses Against the Person

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November 1, 2005GUIDELINES MANUAL§2A6.1

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5. AIR PIRACY AND OFFENSES AGAINST MASS TRANSPORTATION SYSTEMS

Historical Note:: Effective November 1, 1987. Amended effective November 1, 2002 (see Appendix C, amendment 637).

§2A5.1. Aircraft Piracy or Attempted Aircraft Piracy

(a) Base Offense Level: 38

(b) Specific Offense Characteristic

(1) If death resulted, increase by 5 levels.

Commentary

Statutory Provisions: 49 U.S.C. § 46502(a), (b) (formerly 49 U.S.C. § 1472 (i), (n)). For additional statutory provision(s), see Appendix A (Statutory Index).

Background: This section covers aircraft piracy both within the special aircraft jurisdiction of the United States, 49 U.S.C. § 46502(a), and aircraft piracy outside that jurisdiction when the defendant is later found in the United States, 49 U.S.C. § 46502(b). Seizure of control of an aircraft may be by force or violence, or threat of force or violence, or by any other form of intimidation. The presence of a weapon is assumed in the base offense level.

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1995 (see Appendix C, amendment 534).

§2A5.2. Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Operation, or Maintenance of Mass Transportation Vehicle or Ferry

(a) Base Offense Level (Apply the greatest):

(1) 30, if the offense involved intentionally endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility, a mass transportation vehicle, or a ferry;

(2) 18, if the offense involved recklessly endangering the safety of: (A) an airport or an aircraft; or (B) a mass transportation facility, a mass transportation vehicle, or a ferry;

(3) if an assault occurred, the offense level from the most analogous assault guideline, §§2A2.1-2A2.4; or

(4) 9.

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