Destruction of Aircraft 18 U.S.C.
Jurisdiction over acts relating to the destruction of aircraft
or aircraft facilities extends to "any aircraft in the special
aircraft jurisdiction of the United States." The term "special
aircraft jurisdiction of the United States" is defined in 49 U.S.C.
§ 46501(2) (formerly section 101(38) of the Federal Aviation
Act of 1958 (49 U.S.C.App. § 1301(38))). See this Manual at 1405.|
It is implicit in the kind of conduct prohibited by paragraph
(1) of section 32(a) (setting fire to, damaging, destroying or
disabling any aircraft in the special aircraft jurisdiction) that
such acts are likely to endanger the safety of the aircraft. The
acts described in paragraph (1) can have no other result. Because
the acts prohibited by paragraphs (2) through (6) of § 32(a)
might have other results, however, Congress believed it necessary
to state explicitly that these paragraphs criminalize only that
conduct that is likely to threaten the safety of the aircraft.
Thus, paragraphs (2), (3), and (5) prohibit certain conduct that is
"likely to endanger the safety of any such aircraft." Paragraph
(4) requires that the defendant act "with the intent to damage,
destroy, or disable" such aircraft. Paragraph (6), relating to the
communication of false information, requires that the communication
actually endanger the aircraft's safety. Paragraph (7) prohibits
any attempt or conspiracy (as of April 24, 1996) to violate
paragraphs (1) through (6).
[updated August 1999] [cited in USAM 9-63.200]