1405
Special Aircraft Jurisdiction of the
United States
|
The special aircraft jurisdiction of the United States is a
jurisdictional requirement for an aircraft piracy offense
proscribed by 49 U.S.C. § 46502(a), as well as for
interference with a flight crew member or attendant, in violation
of 49 U.S.C. § 46504, the "enclave offenses" criminalized in
that jurisdiction by 49 U.S.C. § 46506, and the destruction of
aircraft and aircraft facilities offenses of 18 U.S.C. §
32(a). An aircraft is in the special aircraft jurisdiction of the
United States only while the aircraft is "in flight."
Included in the special aircraft jurisdiction of the United
States, while "in flight," are the following:
(a) any civil aircraft of the United States;
(b) any aircraft of the United States armed forces;
(c) any other aircraft in the United States;
(d) any other (i.e., foreign) aircraft outside the United
States which:
(1) has its next scheduled destination or last point of
departure in the United States if the aircraft does, in fact, next
land in the United States;
(2) lands in the United States having on board that
aircraft an individual who has committed on that aircraft an
offense as defined under the Convention for the Suppression of
Unlawful Seizure of Aircraft (also known as the Hague Convention),
which offenses are criminalized under U.S. law by 49 U.S.C. §
46502(a) (formerly 49 U.S.C. App. § 1472(i))); or
(3) lands in the United States having on board that
aircraft an individual who has committed against that aircraft an
offense as defined by paragraphs 1(d) (destroying or damaging air
navigational facilities or interfering with their operation, if
such act is likely to endanger the safety of aircraft in flight) or
1(e) (knowingly communicating false information, thereby
endangering the safety of an aircraft in flight) of Article 1 of
the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation (also known as the Montreal Convention),
which offenses are criminalized under U.S. law by 18 U.S.C. §
32(a)(3) & (6); and
(e) any other aircraft leased without a crew to a lessee
who has his/her principal place of business in the United States,
or, if he/she has no such business, has his/her permanent residence
in the United States.
An aircraft is "in flight" from the moment when all external
doors are closed following embarkation until the moment when one
such door is opened for disembarkation, or in the case of a forced
landing, until competent authorities take responsibility for the
aircraft. 49 U.S.C. § 46501(1).
The "special aircraft jurisdiction" defined in 49 U.S.C. §
46501(2) (formerly 49 U.S.C. App. § 1301(38)) should be
distinguished from the aircraft jurisdiction defined in subsection
(5) of 18 U.S.C. § 7 (special maritime and territorial
jurisdiction). See this Manual at 673.
[updated August 1999] [cited in Criminal Resource Manual 673; Criminal Resource Manual 1423; USAM 9-63.100] | |