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Criminal Resource Manual 1414 Attempts To Board Aircraft With Weapon Or Explosive

1414

Attempts to Board Aircraft with Weapon or Explosive

In order to prove an attempt to violate 49 U.S.C. 46505 (formerly 49 U.S.C. App. § 1472(l)), the government must show that the defendant intended to board the aircraft. Such intent has been demonstrated when an individual has surrendered his/her ticket to an airline employee and entered a departure area, United States v. Brown, 305 F. Supp. 415 (W.D. Tex. 1969), proceeded as a ticketed passenger into a sterile concourse, United States v. Flum, 518 F.2d 39 (8th Cir. 1975), or stood in a boarding line when the ticket was to be purchased aboard a shuttle flight, United States v. Edwards, 498 F.2d 496 (2d Cir. 1974).

[cited in USAM 9-63.100; USAM 9-63.161]

Updated February 19, 2015