Chapter 2

Federal Crime Statutes
18 U.S. Code Part I
Chapter 2 — Aircraft & Motor Vehicles

Chapter 2 criminalizes a range of unlawful acts involving aircraft and motor vehicles, including theft, destruction, interference, and unauthorized use. These offenses typically fall under federal jurisdiction when they cross state lines, involve interstate commerce, or affect public safety on a national scale. Your federal criminal defense attorney knows the ins and outs of this statute.

Sections:

§ 31 — Definitions

(a)Definitions.— In this chapter, the following definitions apply:

(1)Aircraft.—

The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.

(2)Aviation quality.—

The term “aviation quality”, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations).

(3)Destructive substance.—

The term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature.

(4)In flight.— The term “in flight” means—

(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and

(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.

(5)In service.— The term “in service” means—

(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and

(B) in any event includes the entire period during which the aircraft is in flight.

(6)Motor vehicle.—

The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

(7)Part.—

The term “part” means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment.

(8)Space vehicle.—

The term “space vehicle” means a man-made device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere.

(9)State.—

The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(10)Used for commercial purposes.—

The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

(b)Terms Defined in Other Law.—

In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

§ 32 — Destruction of aircraft or aircraft facilities

(a) Whoever willfully—

1. sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;
2. places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft;
3. sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight;
4. with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft;
5. interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft;
6. performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft;
7. communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or
8. attempts or conspires to do anything prohibited under paragraphs (1) through (7) of this subsection;

shall be fined under this title or imprisoned not more than twenty years or both.

(b) Whoever willfully—

1. performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft;
2. destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight;
3. places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft’s safety in flight; or
4. attempts or conspires to commit an offense described in paragraphs (1) through (3) of this subsection;

shall be fined under this title or imprisoned not more than twenty years, or both.

There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. 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.

§ 33 — Destruction of motor vehicles or motor vehicle facilities

(a) Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life:

• Damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or
• With like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce, or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or
• With like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or
• Willfully attempts or conspires to do any of the aforesaid acts—

shall be fined under this title or imprisoned not more than twenty years, or both.

(b) Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this title and imprisoned for any term of years not less than 30, or for life.

§ 34 — Penalty when death results

Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.

§ 35 — Imparting or conveying false information

(a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States.

(b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title—shall be fined under this title, or imprisoned not more than five years, or both.

§ 36 — Drive-By shooting

(a) Definition.— In this section, “major drug offense” means:

1. A continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c));
2. A conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) or section 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or
3. An offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).

(b) Offense and Penalties.—

1. A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.
2. A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, kills any person shall, if the killing—
   1. Is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or
   2. Is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.

§ 37 — Violence at international airports

(a) Offense.— A person who unlawfully and intentionally, using any device, substance, or weapon—

1. Performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or
2. Destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport,

If such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, the person shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.— There is jurisdiction over the prohibited activity in subsection (a) if—

1. The prohibited activity takes place in the United States; or
2. The prohibited activity takes place outside the United States and:
   1. The offender is later found in the United States; or
   2. An offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))).

(c) Bar to Prosecution.—
It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term “labor dispute” has the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

§ 38 — Fraud involving aircraft or space vehicle parts in interstate or foreign commerce

(a) Offenses.— Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud:

1. (A) Falsifies or conceals a material fact concerning any aircraft or space vehicle part;
   (B) Makes any materially fraudulent representation concerning any aircraft or space vehicle part; or
   (C) Makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part;
2. Exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication;
3. Attempts or conspires to commit an offense described in paragraph (1) or (2),

shall be punished as provided in subsection (b).

(b) Penalties.— The punishment for an offense under subsection (a) is as follows:

1. Aviation quality.— If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both.
2. Failure to operate as represented.— If, by reason of the failure of the part to operate as represented, the part is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both.
3. Failure resulting in death.— If the failure causes a malfunction or failure resulting in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both.
4. Other circumstances.— In all other cases, a fine under this title, imprisonment for not more than 10 years, or both.
5. Organizations.— If the offense is committed by an organization:
   1. $10,000,000 in the case of an offense described in paragraph (1) or (4); and
   2. $20,000,000 in the case of an offense described in paragraph (2) or (3).

(c) Civil Remedies.—

1. In general.— The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including:
   1. Ordering a convicted person to divest any interest in any enterprise used to commit the offense, or to destroy or sell as scrap aircraft materials or inventories;
   2. Imposing restrictions on future activities or investments of such person, including barring them from similar endeavors;
   3. Ordering the dissolution or reorganization of any enterprise knowingly used to commit the offense, while protecting innocent parties’ rights.
2. Restraining orders and prohibition.— Pending final determination, the court may issue restraining orders, accept performance bonds, or take other actions deemed proper.
3. Estoppel.— A final criminal judgment in favor of the United States bars denial of key facts in later civil proceedings by the U.S.

(d) Criminal Forfeiture.—

1. In general.— The court shall order forfeiture of:
   1. Any property derived from proceeds of the offense;
   2. Any property used or intended to facilitate the offense, as determined by the court with regard to nature, scope, and proportionality.
2. Application of other law.— Forfeiture procedures are governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853), excluding subsection (d).

(e) Construction With Other Law.— This section does not preempt any other federal or state remedy (civil or criminal) related to fraudulent activity involving aircraft or space vehicle parts.

(f) Territorial Scope.— This section applies to conduct occurring outside the U.S. if:

1. The offender is a U.S. citizen, permanent resident, or U.S.-based organization;
2. The aircraft or space vehicle part was installed in a vehicle owned or operated by a U.S. citizen, permanent resident, or U.S. organization;
3. An act in furtherance of the offense occurred in the United States.

§ 39 — Traffic signal preemption transmitters

(a) Offenses.—

1. Sale.—
   Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.
2. Use.—
   Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.

(b) Definitions.— In this section, the following definitions apply:

1. Traffic signal preemption transmitter.—
   The term “traffic signal preemption transmitter” means any mechanism that can change or alter a traffic signal’s phase time or sequence.
2. Nonqualifying user.—
   The term “nonqualifying user” means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.

§ 39A — Aiming a Laser Pointer at an Aircraft:

(a) Offense.—
Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Laser Pointer Defined.—
As used in this section, the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(c) Exceptions.— This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by—

1. An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;
2. Members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training;
3. An individual using a laser emergency signaling device to send an emergency distress signal.

(d) Authority To Establish Additional Exceptions by Regulation.—
The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.

§ 39B — Unsafe operation of unmanned aircraft:

(a) Offense.— Any person who operates an unmanned aircraft and:

1. Knowingly interferes with, or disrupts the operation of, an aircraft carrying one or more occupants operating in the special aircraft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c).
2. Recklessly interferes with, or disrupts the operation of, an aircraft carrying one or more occupants operating in the special aircraft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c).

(b) Operation of Unmanned Aircraft in Close Proximity to Airports.—

1. In general.— Any person who, without authorization, knowingly operates an unmanned aircraft within a runway exclusion zone shall be punished as provided in subsection (c).
2. Runway exclusion zone defined.— In this subsection, the term “runway exclusion zone” means a rectangular area—
   1. Centered on the centerline of an active runway of an airport immediately around which the airspace is designated as Class B, Class C, or Class D airspace at the surface under part 71 of title 14, Code of Federal Regulations; and
   2. The length of which extends parallel to the runway’s centerline to points that are 1 statute mile from each end of the runway and the width of which is ½ statute mile.

(c) Penalty.—

1. In general.— Except as provided in paragraph (2), the punishment for an offense under subsections (a) or (b) shall be a fine under this title, imprisonment for not more than 1 year, or both.
2. Serious bodily injury or death.— Any person who:
   1. Causes serious bodily injury or death during the commission of an offense under subsection (a)(2) shall be fined under this title, imprisoned for a term of up to 10 years, or both.
   2. Causes, or attempts or conspires to cause, serious bodily injury or death during the commission of an offense under subsections (a)(1) and (b) shall be fined under this title, imprisoned for any term of years or for life, or both.

§ 40 — Commercial motor vehicles required to stop for inspections

(a) A driver of a commercial motor vehicle (as defined in section 31132 of title 49) shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.

(b) A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more than 1 year, or both.

§ 40A — Operation of unauthorized unmanned aircraft over wildfires

(a) In General.—
Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.

(b) Exceptions.—
This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.

(c) Definitions.— In this section, the following definitions apply:

1. Unmanned aircraft.—
   The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.
2. Wildfire.—
   The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
3. Wildfire suppression.—
   The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.