Aircraft Piracy or Attempted Aircraft Piracy

United States Sentencing Commission · Effective November 1, 2026

(a) Base Offense Level: 38

Commentary

Statutory provisions

Statutory Provisions: 49 U.S.C. § 46502(a), (b) (formerly 49 U.S.C. § 1472 (i), (n)). For additional statutory provision(s), see Appendix A (Statutory Index).

Background

Background: This section covers aircraft piracy both within the special aircraft jurisdiction of the United States, 49 U.S.C. § 46502(a), and aircraft piracy outside that jurisdiction when the defendant is later found in the United States, 49 U.S.C. § 46502(b). Seizure of control of an aircraft may be by force or violence, or threat of force or violence, or by any other form of intimidation. The presence of a weapon is assumed in the base offense level.

Historical note

Effective November 1, 1987. Amended effective November 1, 1995 (amendment 534); November 1, 2026 (amendment 837).

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