18 U.S.C. § 39 — Traffic signal preemption transmitters

Page 25 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 39 (1) AVIATION QUALITY.—If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both. (2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunc- tion or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. (3) FAILURE RESULTING IN DEATH.—If, by rea- son of the failure of the part to operate as rep- resented, the part to which the offense is re- lated is the proximate cause of a malfunction or failure that results in the death of any per- son, a fine of not more than $1,000,000, impris- onment for any term of years or life, or both. (4) OTHER CIRCUMSTANCES.—In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. (5) ORGANIZATIONS.—If the offense is com- mitted by an organization, a fine of not more than— (A) $10,000,000 in the case of an offense de- scribed in paragraph (1) or (4); and (B) $20,000,000 in the case of an offense de- scribed in paragraph (2) or (3). (c) CIVIL REMEDIES.— (1) IN GENERAL.—The district courts of the United States shall have jurisdiction to pre- vent and restrain violations of this section by issuing appropriate orders, including— (A) ordering a person (convicted of an of- fense under this section) to divest any inter- est, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inven- tories or stocks; (B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engage- ment in the same type of endeavor as used to commit the offense; and (C) ordering the dissolution or reorganiza- tion of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provi- sions for the rights and interests of innocent persons. (2) RESTRAINING ORDERS AND PROHIBITION.— Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the ac- ceptance of satisfactory performance bonds) as the court deems proper. (3) ESTOPPEL.—A final judgment rendered in favor of the United States in any criminal pro- ceeding brought under this section shall stop the defendant from denying the essential alle- gations of the criminal offense in any subse- quent civil proceeding brought by the United States. (d) CRIMINAL FORFEITURE.— (1) IN GENERAL.—The court, in imposing sen- tence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States— (A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the of- fense; and (B) any property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and propor- tionality of the use of the property on the offense. (2) APPLICATION OF OTHER LAW.—The for- feiture of property under this section, includ- ing any seizure and disposition of the prop- erty, and any proceedings relating to the prop- erty, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including sub- section (d) of that section). (e) CONSTRUCTION WITH OTHER LAW.—This sec- tion does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into com- merce of an aircraft or space vehicle part. (f) TERRITORIAL SCOPE.—This section also ap- plies to conduct occurring outside the United States if— (1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or polit- ical subdivision thereof; (2) the aircraft or spacecraft part as to which the violation relates was installed in an air- craft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization thereof; or (3) an act in furtherance of the offense was committed in the United States. (Added Pub. L. 106–181, title V, § 506(c)(1), Apr. 5, 2000, 114 Stat. 137.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of Title 49, Transportation. § 39. Traffic signal preemption transmitters (a) OFFENSES.— (1) SALE.—Whoever, in or affecting inter- state or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both. (2) USE.—Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under Page 26 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 39A 1 So in original. Probably should be ‘‘subsection’’. this title, or imprisoned not more than 6 months, or both. (b) DEFINITIONS.—In this section, the following definitions apply: (1) TRAFFIC SIGNAL PREEMPTION TRANS- MITTER.—The term ‘‘traffic signal preemption transmitter’’ means any mechanism that can change or alter a traffic signal’s phase time or sequence. (2) NONQUALIFYING USER.—The term ‘‘non- qualifying user’’ means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or pri- vate corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, mainte- nance, or other services for a Federal, State, or local government entity, but does not in- clude a person using a traffic signal preemp- tion transmitter for classroom or instruc- tional purposes. (Added Pub. L. 109–59, title II, § 2018(a), Aug. 10, 2005, 119 Stat. 1542.) Editorial Notes CODIFICATION Another section 39 was renumbered section 40 of this title. § 39A. Aiming a laser pointer at an aircraft (a) OFFENSE.—Whoever knowingly aims the beam of a laser pointer at an aircraft in the spe- cial aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both. (b) LASER POINTER DEFINED.—As used in this section, the term ‘‘laser pointer’’ means any de- vice designed or used to amplify electro- magnetic radiation by stimulated emission that emits a beam designed to be used by the oper- ator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (c) EXCEPTIONS.—This section does not pro- hibit aiming a beam of a laser pointer at an air- craft, or the flight path of such an aircraft, by— (1) an authorized individual in the conduct of research and development or flight test op- erations conducted by an aircraft manufac- turer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such re- search and development or flight test oper- ations; (2) members or elements of the Department of Defense or Department of Homeland Secu- rity acting in an official capacity for the pur- pose of research, development, operations, testing, or training; or (3) by an individual using a laser emergency signaling device to send an emergency distress signal. (d) AUTHORITY TO ESTABLISH ADDITIONAL EX- CEPTIONS BY REGULATION.—The Attorney Gen- eral, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such addi- tional exceptions to this section as may be nec- essary and appropriate. The Attorney General shall provide written notification of any pro- posed regulations under this section to the Com- mittees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representa- tives, not less than 90 days before such regula- tions become final. (Added Pub. L. 112–95, title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.) § 39B. Unsafe operation of unmanned aircraft (a) OFFENSE.—Any person who operates an un- manned aircraft and: (1) Knowingly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special air- craft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as pro- vided in subsection (c). (2) Recklessly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special air- craft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as pro- vided in subsection (c). (b) OPERATION OF UNMANNED AIRCRAFT IN CLOSE PROXIMITY TO AIRPORTS.— (1) IN GENERAL.—Any person who, without authorization, knowingly operates an un- manned aircraft within a runway exclusion zone shall be punished as provided in sub- section (c). (2) RUNWAY EXCLUSION ZONE DEFINED.—In this subsection, the term ‘‘runway exclusion zone’’ means a rectangular area— (A) centered on the centerline of an active runway of an airport immediately around which the airspace is designated as class B, class C, or class D airspace at the surface under part 71 of title 14, Code of Federal Reg- ulations; and (B) the length of which extends parallel to the runway’s centerline to points that are 1 statute mile from each end of the runway and the width of which is 1⁄2 statute mile. (c) PENALTY.— (1) IN GENERAL.—Except as provided in para- graph (2), the punishment for an offense under subsections 1 (a) or (b) shall be a fine under this title, imprisonment for not more than 1 year, or both. (2) SERIOUS BODILY INJURY OR DEATH.—Any person who: (A) Causes serious bodily injury or death during the commission of an offense under subsection (a)(2) shall be fined under this title, imprisoned for a term of up to 10 years, or both. (B) Causes, or attempts or conspires to cause, serious bodily injury or death during the commission of an offense under sub- sections (a)(1) and (b) shall be fined under