18 U.S.C. § 38 — Fraud involving aircraft or space vehicle

Page 24 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 37 1 So in original. Probably should be section ‘‘13(c)’’. prisonment for any term of years or for life, fined under this title, or both; or (B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both. (Added Pub. L. 103–322, title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104–294, title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1), (2). Pub. L. 104–294 substituted ‘‘408(c)’’ for ‘‘403(c)’’ in par. (1) and ‘‘Export’’ for ‘‘Ex- port Control’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. SHORT TITLE Pub. L. 103–322, title VI, § 60008(a), Sept. 13, 1994, 108 Stat. 1971, provided that: ‘‘This section [enacting this section] may be cited as the ‘Drive-By Shooting Pre- vention Act of 1994’.’’ § 37. Violence at international airports (a) OFFENSE.—A person who unlawfully and in- tentionally, using any device, substance, or weapon— (1) performs an act of violence against a per- son at an airport serving international civil aviation that causes or is likely to cause seri- ous bodily injury (as defined in section 1365 of this title) or death; or (2) destroys or seriously damages the facili- ties of an airport serving international civil aviation or a civil aircraft not in service lo- cated thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) JURISDICTION.—There is jurisdiction over the prohibited activity in subsection (a) if— (1) the prohibited activity takes place in the United States; or (2) the prohibited activity takes place out- side the United States and (A) the offender is later found in the United States; or (B) an of- fender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))). (c) BAR TO PROSECUTION.—It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term ‘‘labor dispute’’ has the meaning set forth in section 2(c) 1 of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 103–322, title VI, § 60021(a), Sept. 13, 1994, 108 Stat. 1979; amended Pub. L. 104–132, title VII, §§ 721(g), 723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub. L. 104–294, title VI, §§ 601(q), 607(o), Oct. 11, 1996, 110 Stat. 3502, 3512.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–132, § 723(a)(1), inserted ‘‘or conspires’’ after ‘‘attempts’’ in concluding provi- sions. Subsec. (b)(2). Pub. L. 104–132, § 721(g), inserted sub- par. (A) designation and added subpar. (B). Subsec. (c). Pub. L. 104–294 inserted heading and in- serted ‘‘, and the term ‘State’ means a State of the United States, the District of Columbia, and any com- monwealth, territory, or possession of the United States’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–322, title VI, § 60021(c), Sept. 13, 1994, 108 Stat. 1980, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect on the later of— ‘‘(1) the date of enactment of this Act [Sept. 13, 1994]; or ‘‘(2) the date on which the Protocol for the Suppres- sion of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Mon- treal on 23 September 1971, has come into force and the United States has become a party to the Pro- tocol.’’ [Protocol came into force and United States became a party to the Protocol Nov. 18, 1994, Treaty Doc. 100–19.] § 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce (a) OFFENSES.—Whoever, in or affecting inter- state or foreign commerce, knowingly and with the intent to defraud— (1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; (B) makes any materially fraudulent rep- resentation concerning any aircraft or space vehicle part; or (C) makes or uses any materially false writ- ing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; (2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any air- craft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or (3) attempts or conspires to commit an of- fense described in paragraph (1) or (2), shall be punished as provided in subsection (b). (b) PENALTIES.—The punishment for an offense under subsection (a) is as follows: 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