Federal Airplane Hijacking: Aircraft Piracy Defense.

While seizing or controlling an aircraft may constitute federal aircraft-piracy under 49 U.S.C. § 46502, not every incident of aircraft seizure or control will justify federal piracy charges. For a case to qualify as aircraft piracy under the federal statute, it must meet all of the following requirements:

• It must occur in the special aircraft jurisdiction of the United States
• The alleged hijacker must have seized or controlled an aircraft
• The act of seizing or controlling the aircraft must have been accomplished by use of force, violence, threatened force, violence, or intimidation
• The alleged hijacker must have acted with wrongful intent

If an incident of aircraft seizure did not involve an aircraft in the special aircraft jurisdiction of the United States, the federal government’s jurisdiction is not automatic and may not necessarily be the right forum for prosecution. The offense described in Section 46502(a) applies to an aircraft in the special aircraft jurisdiction of the United States, while Section 46502(b) covers certain offenses outside that jurisdiction. As a result, not all aircraft-related offenses fall within federal jurisdiction. For example, seizing a commercial airplane flight would almost always be treated as federal aircraft piracy, but seizing a recreational plane or jet on the ground may not be.

Similarly, seizing a cockpit control without force, intimidation, or threats by utilizing misleading information or other means is not a federal crime under Section 46502. Other reasons an incident would not trigger federal aircraft piracy charges include:

• Lack of United States special aircraft jurisdiction
• Aircraft did not meet the statutory definition under Section 46502
• Incident was civil in nature, not criminal
• Alleged hijacker lacked wrongful intent
• No force, intimidation, threats, or violent action were involved

If an incident does not constitute federal piracy, state law will usually be applied. If federal law applies, federal prosecution is likely. Seek experienced counsel immediately to assess the case.

Why should a suspect contact aircraft-piracy counsel before speaking to agents?

The provided pages advise that, if accused of aircraft piracy or facing an aircraft-hijacking investigation, you contact a legal team immediately and then speak with law enforcement agents only under the advice of counsel. You also want to discuss your case options as soon as possible.

How much will it cost to hire an aviation defense lawyer?

Unfortunately, the provided pages contain no reliable aviation-attorney pricing information. Legal costs can range wildly, and this is true for aviation litigation as well. Most law firms offer free initial consultations, however.

How do I find the most successful aviation hijacking lawyer?

Unfortunately, the provided pages do not identify a most-successful aviation defense attorney. Determining which attorney is most successful is not possible from an objective standpoint and relies on personal perspectives.

What makes a law firm successful at defending against federal aircraft piracy charges?

Many of the firms you see online will claim to be some of the best, most-successful aircraft-hijacking defense law firms. Some of these claims are difficult to verify, and some would be unverifiable without outcome data, verdict records, or independent attorney rankings. However, some attorney claims are grounded in fact.

What are the best aircraft piracy defenses?

This depends on the case at hand. There is no single “best” aircraft piracy defense strategy because there are several different ways that you can successfully fight federal charges. As mentioned, any defense strategy you use may challenge the government’s proof of force, intimidation, control, or wrongful intent.

Do you need to be the pilot to be accused of federal aircraft piracy?

No. Both pilots and passengers can be accused of federal aircraft piracy. While only one person has flight control, both pilots and passengers can be accused of coercion, intent, or other attempts to control the aircraft.

How must prosecutors prove a hijacking occurred during flight?

The term “in flight” has a legal definition that differs from the ordinary meaning of the words. According to federal law, an aircraft is “in flight” from the moment all external doors are closed following boarding until one external door is opened to allow passengers to leave, or, after a forced landing, until competent authorities take over responsibility for the aircraft and the individuals and property aboard. An aircraft becomes “in flight” from the moment all external doors are closed following boarding. The aircraft’s “in flight” status continues until one external door is opened to allow passengers to leave, or until competent authorities take over after a forced landing. It terminates once the aircraft lands and an external door is opened to allow the passengers and crew to disembark.

This legal definition is used so that federal law applies to aircraft travel events. If a hijacking results in a forced landing, the aircraft remains “in flight” until competent authorities take over responsibility for the aircraft and individuals and property on the aircraft. As a result, federal law enforcement agents continue to have jurisdiction over any accused individuals involved in a hijacking that results in a forced landing, even if they are no longer in flight.

Similar to this, the federal statutes covering aircraft piracy also cover attempts to commit aircraft piracy in addition to completed acts. The law states that “an individual committing or attempting or conspiring to commit aircraft piracy” can face prosecution. The government must prove that the defendant had the intent to commit the crime and took “substantial steps toward the completion of the crime.” While thinking about a hijacking does not meet the definition of an attempt to hijack, as soon as a person or group begins to take steps to make a hijacking occur, regardless of whether they are successful, their actions could trigger prosecution. Because of this, the accused do not need to have even been onboard the aircraft themselves to be prosecuted for piracy.

Similarly, the federal aircraft piracy statutes apply to conspiracy to commit aircraft piracy as well. This is a separate offense under the law, and the government must prove an agreement to commit aircraft piracy and the defendant’s knowing and voluntary participation in it. As a result, anyone who conspires to commit federal aircraft piracy could face federal prosecution, even if they were not onboard the aircraft.

One thing worth knowing before you speak to anyone in custody: those calls are recorded, and prosecutors listen to them. Spodek Law Group tells every client family the same thing.

When can Florida or Georgia add a state hijacking case?

If an incident does not fall within federal jurisdiction, or if federal law enforcement agents cannot gather sufficient evidence to prove an aircraft piracy offense, then Florida, Georgia, or the relevant state will be able to pursue state charges under their own laws. For example, if a case doesn’t fall under federal aircraft piracy statutes, then Florida prosecutes aircraft piracy under Florida Statute § 860.16 :

“In Florida, aircraft piracy is the unauthorized seizure or exercise of control, by force or violence and with wrongful intent, of an aircraft containing a nonconsenting person or persons within the state. To prove that someone committed aircraft piracy in Florida, the prosecutor must prove that the accused, without lawful authority, seized or exercised control of an aircraft containing a nonconsenting person or persons within the state by force or violence and with wrongful intent.”

In contrast, Georgia, Florida, and other states have different definitions of aircraft piracy. For example, Georgia’s definition of aircraft piracy is:

“In Georgia, a person commits hijacking an aircraft by using force, or by intimidation through threats or coercion, to place the pilot in fear of immediate serious bodily injury and cause the aircraft to be diverted from its intended destination to a destination dictated by that person.”

Similar to Georgia, other states have their own laws to prosecute for aircraft piracy when there is not sufficient evidence to support federal charges under 49 U.S.C. § 46502. If you’re facing prosecution for aircraft piracy, contact federal aircraft piracy lawyers immediately.

Similar to federal law, each state’s legal definition of aircraft piracy requires prosecutors to prove that an incident occurred. If this is not the case, then the individual cannot be held criminally liable. However, proving the incident did not occur is a significant challenge. Defendants are strongly advised to hire aircraft-hijacking defense lawyers to represent them in any state or federal cases.

Can I hire a lawyer for a federal aviation crime?

Yes. Federal crimes are not reserved for federal prosecutors alone. While they handle the majority of federal cases, private attorneys can handle federal cases as well. This includes all types of federal aviation crimes.

Which federal charges and penalties can follow beyond completed piracy?

A conviction for federal aircraft piracy carries a sentence of at least twenty years, or, if the death of another individual results, death or life imprisonment. If a hijacking resulted in a death, an individual could potentially be sentenced to life in prison or sentenced to death. Similar to hijacking, all components of the federal statute, including conspiracies and attempts, carry a criminal sentence. For instance, conspiracies that don’t result in a successful hijacking can carry at least twenty years of federal imprisonment.

Besides the crime of aircraft piracy itself, the federal government also separates other offenses into separate federal aircraft crimes. For example, two other related crimes that may follow on top of aircraft hijacking charges are:

• Interference with flight crew members or attendants: While this is often a part of a hijacking incident, interference with crew members or attendants is handled as a separate federal crime as well.
• Firearms, explosives, and incendiary devices: This means that if a person attempts to use a firearm or incendiary device to commit aircraft piracy, a separate federal offense will also be pursued against the person along with aircraft piracy charges. The crime of aircraft piracy under 49 U.S.C. § 46502 only covers the seizure or control of an aircraft, and doesn’t cover the firearm or incendiary device that is used. Thus, if an individual uses a firearm or explosives during a hijacking incident, this will count as another federal offense and a separate federal offense that can result in criminal charges.

In general, the length of a sentence for these weapon-related aircraft crimes varies widely depending on the severity of the crime. Specifically, according to federal law, the length of the criminal sentences for weapon-related aircraft crimes is as follows:

• 49 U.S.C. § 46504 carries a maximum sentence of 20 years for an individual who assaults or intimidates a flight crew member or flight attendant and thereby interferes with the performance of that person’s duties.
• 49 U.S.C. § 46505 carries a maximum sentence of ten years for the general offense of carrying a concealed dangerous weapon, loaded firearm, explosive, or incendiary device on an aircraft, or up to twenty years when the offense is committed with disregard for or reckless disregard for human life.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.