49 U.S.C. § 46503 — Interference with security screening per-

Page 1564 TITLE 49—TRANSPORTATION § 46503 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE FED- ERAL DEATH PENALTY ACT OF 1994 Pub. L. 109–177, title II, § 211, Mar. 9, 2006, 120 Stat. 230, provided that: ‘‘(a) IN GENERAL.—Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended, as of the time of its enactment [Sept. 13, 1994], by adding at the end the following: ‘‘ ‘(c) [Omitted, see below.]’. ‘‘(b) SEVERABILITY CLAUSE.—If any provision of sec- tion 60003(b)(2) of the Violent Crime and Law Enforce- ment Act of 1994 (Public Law 103–322) [repealed section 46503 of this title], or the application thereof to any person or any circumstance is held invalid, the remain- der of such section and the application of such section to other persons or circumstances shall not be affected thereby.’’ Pub. L. 103–322, title VI, § 60003(c), as added by Pub. L. 109–177, title II, § 211(a), Mar. 9, 2006, 120 Stat. 230, pro- vided that: ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN PRE- VIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any of- fense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) [Sept. 13, 1994], but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366) [Aug. 5, 1974], it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Gov- ernment to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its prede- cessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term ‘especially heinous, cruel, or depraved’, as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language ‘in that it involved torture or serious physical abuse to the vic- tim’, and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.’’ AIRCRAFT PIRACY The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641. § 46503. Interference with security screening per- sonnel (a) IN GENERAL.—An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, air- port, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, im- prisoned for not more than 10 years, or both. If the individual used a dangerous weapon in com- mitting the assault or interference, the indi- vidual may be imprisoned for any term of years or life imprisonment. (b) AIRPORT AND AIR CARRIER EMPLOYEES.—For purposes of this section, an airport or air carrier employee who has security duties within the airport includes an airport or air carrier em- ployee performing ticketing, check-in, baggage claim, or boarding functions. (Added Pub. L. 107–71, title I, § 114(a), Nov. 19, 2001, 115 Stat. 623; amended Pub. L. 118–63, title IV, § 436, May 16, 2024, 138 Stat. 1176.) Editorial Notes PRIOR PROVISIONS A prior section 46503, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1242, provided for death penalty sen- tencing procedure for individuals convicted of aircraft piracy, prior to repeal by Pub. L. 103–322, title VI, § 60003(b)(2), Sept. 13, 1994, 108 Stat. 1970. AMENDMENTS 2024—Pub. L. 118–63 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 46504. Interference with flight crew members and attendants An individual on an aircraft in the special air- craft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the mem- ber or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46504 .......... 49 App.:1472(j). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(j); added Sept. 5, 1961, Pub. L. 87–197, § 1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, § 1(3), 84 Stat. 921. The words ‘‘or threatens’’ are omitted as being in- cluded in ‘‘intimidating’’. The words ‘‘(including any steward or stewardess)’’ are omitted as being included in ‘‘attendant’’. The words ‘‘fined under title 18’’ are substituted for ‘‘fined not more than $10,000’’ for con- sistency with title 18. The words ‘‘deadly or’’ are omit- ted as surplus. Editorial Notes AMENDMENTS 2001—Pub. L. 107–56 inserted ‘‘or attempts or con- spires to do such an act,’’ before ‘‘shall be fined under title 18,’’. § 46505. Carrying a weapon or explosive on an aircraft (a) DEFINITION.—In this section, ‘‘loaded fire- arm’’ means a starter gun or a weapon designed or converted to expel a projectile through an ex- plosive, that has a cartridge, a detonator, or