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18 U.S.C. § 32 – Destruction of aircraft

March 21, 2024 Uncategorized

18 U.S.C. § 32 – Destruction of Aircraft

18 U.S.C. § 32 is a federal law that makes it a crime to damage or destroy aircraft. This law was passed to protect air travel and national security. Let’s break it down section-by-section and look at some real cases where it has been applied.

What the Law Says

There are a few key parts to this law:

  • It applies to anyone who “willfully” damages or destroys any aircraft or parts of an aircraft.
  • “Willfully” means you meant to do it – it wasn’t an accident.
  • It covers damaging or wrecking planes, engines, propellers, appliances, spare parts, or anything used to operate planes.
  • It also covers putting dangerous substances in or around planes or plane parts.
  • You don’t have to completely destroy a plane – just damaging it is enough.

The specific language from the law is:

Whoever willfully 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.

This covers most planes, from small private planes to big commercial jets. The government wants to protect them all.

Penalties

If you’re convicted under this law, you can face:

  • Up to 20 years in federal prison
  • Fines
  • Probation

The penalties can be even higher if someone was killed or seriously injured. You can get life in prison or even the death penalty.

What Counts as “Willfully”?

“Willfully” is important here. You have to mean to damage the plane or parts. If it’s an accident, you won’t be charged under this law. For example:

  • If you crash your car into a plane by accident, not illegal.
  • If you crash your car into a plane on purpose, very illegal!

Prosecutors have to prove you intended to damage the aircraft. That’s not always easy, so some people do get acquitted if it seems like an accident.

Famous Cases

Here are some real cases where people got charged under 18 U.S.C. § 32:

United Airlines Flight 175

On September 11, 2001, hijackers took control of United Airlines Flight 175 and crashed it into the South Tower of the World Trade Center in New York City. This was considered destruction of an aircraft under 18 U.S.C. § 32. However, the hijackers were killed in the crash, so no one was ever charged or convicted under this specific law. But it was an act of air piracy leading to mass murder.

Frank Eugene Corder

In 1994, a man named Frank Corder intentionally crashed a stolen Cessna plane onto the White House lawn. He was killed in the crash. Prosecutors believed he was trying to attack President Bill Clinton and was charged with destruction of an aircraft under 18 U.S.C. § 32. But because he died, no one was ultimately convicted.

Samuel Byck

In 1974, Samuel Byck attempted to hijack a commercial airliner and fly it into the White House to kill President Richard Nixon. He killed a pilot and security guard before police shot him. He was charged with aircraft destruction and murder. But because he was killed, no conviction happened under 18 U.S.C. § 32.

Jason Paul Cruz

In 2008, Jason Cruz was found guilty of setting fire to a private aircraft in Texas. He was sentenced to 5 years in prison under 18 U.S.C. § 32. This case shows that even private planes are protected.

Defenses

Because this law requires you to “willfully” destroy an aircraft, there are some defenses people have tried:

  • Accident – Arguing the damage wasn’t on purpose.
  • Intoxication – Claiming you were too drunk or impaired to form intent.
  • Insanity – Saying you have a mental disease or defect.

These defenses don’t always work, but they have helped some people avoid conviction under this aircraft destruction law.

Purpose of the Law

Why did Congress pass this law? A few reasons:

  • Protect air commerce – Damaging planes disrupts business.
  • Save lives – Sabotaged planes can crash and kill.
  • National security – Prevent terrorism and attacks.

Air travel is vital for the economy and military defense. So lawmakers want to deter anyone who might interfere with planes through this criminal statute.

Criticisms

Some people argue this law is too broad or harsh. For example, should a drunk guy who accidentally wanders onto a runway and dents a plane wing really spend years in prison? Some say the law could be improved with reforms like:

  • Adding an exception for minor damage.
  • Lowering sentences for recklessness instead of intent.
  • Requiring harm to passengers, not just planes.

But so far, Congress has not changed the law, so prosecutors continue to use it against any “willful” destruction of aircraft.

Conclusion

Damaging or destroying aircraft is a serious federal crime under 18 U.S.C. § 32. This law makes it illegal to tamper with planes, engines, parts, or other equipment used for air travel. Violators face up to 20 years in prison, and even more if anyone is hurt or killed. Prosecutors must prove the person acted “willfully” and intended to damage the aircraft. This law helps protect air commerce, save lives, and promote national security according to Congress. But some argue it is overly broad and harsh.

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