1407
Aircraft Piracy Within Special Aircraft
Jurisdiction49 U.S.C. 46502(a)
|
Aircraft piracy is the seizure by force or violence or threat of
force
or violence or any other form of intimidation with wrongful intent of an
aircraft
within the special aircraft jurisdiction of the United States. This offense
is
to be distinguished from 18 U.S.C. § 1651 where the term "piracy" is
defined
by the law of nations. The "wrongful intent" element of the offense has
been
held to be not more than general criminal intent to seize or exercise
control of
an aircraft without any legal right to do so. See United States
v.
Busic, 592 F.2d 13, 21 (2d Cir. 1978); United States v. Bohle,
445
F.2d 54 (7th Cir. 1971). The display of a dangerous weapon by the defendant
is
a sufficient use of force and violence to satisfy that element of the
aircraft
piracy offense. See United States v. Pablo-Lugones, 725 F.2d
624
(11th Cir.), cert. denied, 467 U.S. 1255 (1984).
[updated August 1999] [cited in USAM 9-63.100] | |