False Information and Threats
Since October 12, 1984, the only false information offense in the
Federal Aviation Act of 1958 is the felony now codified at 49 U.S.C. §
46507(1) (formerly 49 U.S.C. App. § 1472(m)(1)). This provision makes
crime willfully and maliciously or with reckless disregard for safety to
false information, knowing such information to be false, concerning an
to do an act which would be a felony prohibited by 49 U.S.C. §§
46504, 46505, or 46506 (formerly 49 U.S.C. App. § 1472(i), (j), (k) or
With respect to threats, the 1984 Aircraft Sabotage Act created a
felony offense for anyone to convey any threat to do an act which would be a
felony prohibited by the former 49 U.S.C. App. § 1472(i), (j), (k), or
with an apparent determination and will to carry the threat into execution
codified at 49 U.S.C. § 46507(2) (formerly found at 49 U.S.C. App.
1472(m)(2))). The defendant must have exhibited an apparent determination
will to carry the threat into execution. Section 46507(2) does not specify
state of mind required for conviction of the offense. Since this offense is
merely regulatory, but rather malum in se, the
applicable rule for criminal offenses, that a general mens rea is required,
applicable. See 130 Cong. Rec. E 4568 (daily ed. Nov. 14, 1984).
also H.R. Rep. No. 1396, accompanying H.R. 6915, the Criminal Code
Act of 1980, 96th Cong., 2d. Sess., at 31, 34-35 (1980).
Section 46507(2) does not require any demand for a thing of value.
an extortive demand is made, there may be violations of the Hobbs Act, 18
§ 1951, the Interstate Communications Statute, 18 U.S.C.
or (d), or the Mailing of Threatening Communications Statute, 18 U.S.C.
§§ 876, 877.
[cited in USAM 9-63.100]