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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]