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49 U.S.C. § 46307 — Violation of national defense airspace
Federal law — U.S. Code and appendices · legal_authorities
A person that knowingly or willfully violates [section 40103(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40103/b/3&num=0&edition=prelim) or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both. If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under title 18, or both.
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Source file: Laws/federal/codes/united-states-code/title-49/section-46307-violation-of-national-defense-airspace--dd200b8b5d.md
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Source location: Title 49, Chapter 463, § 46307; chapter-463-penalties.md
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A person that knowingly or willfully violates [section 40103(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40103/b/3&num=0&edition=prelim) or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both. If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under title 18, or both.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) Each of the terms “American homeland” and “homeland” means the United States.
(2) The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(4) The term “critical infrastructure” has the meaning given that term in [section 5195c(e) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195c/e&num=0&edition=prelim).
(5) The term “Department” means the Department of Homeland Security.
(6) The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7) The term “EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
(8) The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
(9) The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(10) The term “GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
(11) The term “intelligence component of the Department” means any elem
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition** In this section, the term “unmanned aircraft” has the meaning given the term in [section 44801 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44801&num=0&edition=prelim).
**(b) Omitted**
**(c) Increased penalties for operation of unmanned aircraft to facilitate felony offense** If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.
**(d) Increased penalties for use of unmanned aircraft to introduce contraband into prisons** If a defendant who is convicted under [section 1791 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1791&num=0&edition=prelim) knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years.
**(e) Directive to United States Sentencing Commission: enhanced sentencing range for use of unmanned aircraft**
(1) **In general** — To carry out the purposes of this section, during the Sentencing Commission’s amendment cycle in progress at the time this Act is enacted, the Commission shall, under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim)—
(A) promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and
(B) as necessary, promulgate policy state
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 146
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Federal law — U.S. Code and appendices · legal_authorities
Page 1556
TITLE 49—TRANSPORTATION
§ 46307
In clause (4)(B), the words ‘‘or representation’’ are
omitted as surplus. In clause (4)(C), the words ‘‘writing
or’’ are omitted as surplus.
PUB. L. 104–287
This
makes
a
clarifying
amendment
to
49:46306(c)(2)(B).
Editorial Notes
AMENDMENTS
1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted ‘‘that
is’’ before ‘‘provided’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Commissioner of U.S. Customs and Border Protec-
tion’’ substituted for ‘‘Commissioner of Customs’’ in
subsec. (d)(1) on authority of section 802(d)(2) of Pub. L.
114–125, set out as a note under section 211 of Title 6,
Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–287 effective July 5, 1994,
see section 8(1) of Pub. L. 104–287, set out as a note
under section 5303 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Sec-
retary of Homeland Security, and for treatment of re-
lated references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of Novem-
ber 25, 2002, as modified, set out as a note under section
542 of Title 6. For establishment of U.S. Customs and
Border Protection in the Department of Homeland Se-
curity, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended gen-
erally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as a note under section 211 of Title 6.
§ 46307. Violation of national defense airspace
A person that knowingly or will
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 46307
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