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PUBLIC LAW 87-197-SEPT. 5, 1961

[75

ST A T.

Public Law 87-197

September 5, 1961 [S. 2268]

AN ACT To amend the Federal Aviation Act of 1958 to provide for the application of Federal criminal law to certain events occurring on board aircraft in air commerce.

Be It enacted by the Senate and House of Representatives of the Federal A via- United States of America in Congress assembled, That section 902 of imen^men? '^^^' the Federal Aviation Act of 1958 (49 U.S.C. 1472) is amended by 72 Stat. 784. adding at the end thereof the following new subsections: "AIRCRAFT PIRACY

"A i piracy.

" (i)(l) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished— " (A) by death if the verdict of the jury shall so recommend, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or " (B) by imprisonment for not less than twenty years, if the death penalty is not imposed. craft "(2) As used in this subsection, the term 'aircraft piracy' means any seizure or exercise of control, by force or violence or threat of force or violence and with wrongful intent, of an aircraft in flight in air commerce. "INTERFERENCE WITH FLIGHT CREW MEMBERS OR FLIGHT ATTENDANTS

" (j) Whoever, while aboard an aircraft in flight in air commerce, assaults, intimidates, or threatens any flight crew member or flight attendant (including any steward or stewardess) of such aircraft, so as to interfere with the performance by such member or attendant of his duties or lessen the ability of such member or attendant to perform his duties, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be imprisoned for any term of years or for life. "CERTAIN CRIMES ABOARD AIRCRAFT IN FLIGHT

62 Stat. 685.

67 Stat. 92.

" (k)(l) AVhoever, while aboard an aircraft in flight in air commerce, commits an act which, if committed within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, United States Code, would be in violation of section 113, 114, 661, 662, 1111, 1112, 1113, 2031, 2032, or 2111 of such title 18 shall be punished as provided therein. "(2) Whoever, while aboard an aircraft in flight in air commerce, commits an act, which, if committed in the District of Columbia would be in violation of section 9 of the Act entitled 'x\n Act for the preservation of the public peace and the protection of property within the District of Columbia', approved July 29, 1892, as amended (D.C. Codc, scc. 22-1112), shall be punished as provided therein. " C A R R Y I N G W E A P O N S ABOARD AIRCRAFT

"(1) Except for law enforcement officers of any municipal or State government, or the Federal Government, who are authorized or required to carry arms, and except for such other persons as may be so authorized under regulations issued by the Administrator, whoever, while aboard an aircraft being operated by an air carrier in air trans-

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