1411
Interference With Flight Crew Members or
Flight Attendants49 U.S.C. 46504
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One who assaults, threatens, or intimidates a flight crew
member or attendant while aboard an aircraft in the special
aircraft jurisdiction of the United States, and thereby interferes
with the performance of that crew member's duties or lessens the
ability of that crew member to perform his/her duties is punishable
under this subsection. See United States v. Meeker,
527 F.2d 12 (9th Cir. 1975). A violation of 49 U.S.C. § 46504
is a general intent crime; it does not require any specific intent
to intimidate or to interfere with the flight crew member or
attendant. See United States v. Grossman, 131 F.3d
1449, 1451-52 (11th Cir. 1997); United States v. Compton, 5
F.3d 358, 360 (9th Cir. 1993); United States v. Hicks, 980
F.2d 963 (5th Cir. 1992), cert. denied, 507 U.S. 941, 507
U.S. 998 (1993); United States v. Meeker, supra, 527
F.2d at 14. While attempted aircraft piracy and interference with
flight crew can both be charged in the same indictment, if
convicted on both charges, the defendant should be sentenced only
under the attempted aircraft piracy conviction because, absent
highly unusual circumstances, the interference with flight crew
charge is the lesser included offense. See United States
v. Compton, supra, 5 F.3d at 360; see also
United States v. Calloway, 116 F.3d 1129 (6th Cir.),
cert. denied, 118 S.Ct. 324 (1997); United States v.
Figueroa, 666 F.2d 1375, 1380 (11th Cir. 1982).
Venue for interference with flight crew members or attendants
is discussed in this Manual at 1406.
[updated August 1999] [cited in USAM 9-63.100; USAM 9-63.110] | |