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CRM 1000-1499

1427. Imparting Or Conveying False Information (Bomb Hoax) -- 18 U.S.C. 35

Section 35 of Title 18 provides civil and criminal felony provisions for the conveyance of false information regarding attempts or alleged attempts to destroy, damage, or disable aircraft, aircraft related facilities or motor vehicles and their related facilities. The statute is frequently referred to as the "bomb hoax" statute. The statute contains a civil penalty provision, 18 U.S.C. § 35(a), for nonmalicious false reports, and a felony provision, 18 U.S.C. § 35(b), which prescribes maximum penalties of $5,000 or five years imprisonment or both for conveying or imparting false information willfully and maliciously or with reckless disregard for the safety of human life. Statements which impart or convey false information regarding attempts to place or the placing of explosives aboard aircraft (but not in aircraft facilities such as airports) may also be punishable under 49 U.S.C. 46507(1) (formerly 49 U.S.C.App. §  1472(m)(1)), which provides for a felony penalty, and under 49 U.S.C. 46302 (formerly 49 U.S.C.App. § 1472(c)), which provides for a civil penalty for furnishing false information about alleged attempts to commit certain Title 49 offenses.

[cited in JM 9-139.020; JM 9-63.200; JM 9-63.251]