2001 Federal Sentencing Guideline Manual


§2A5.2. Interference with Flight Crew Member or Flight Attendant

(a) Base Offense Level (Apply the greatest):

(1) 30, if the offense involved intentionally endangering the safety of the aircraft and passengers; or

(2) 18, if the offense involved recklessly endangering the safety of the aircraft and passengers; or

(3) if an assault occurred, the offense level from the most analogous assault guideline, §§2A2.1-2A2.4; or

(4) 9.

Commentary

Statutory Provisions: 49 U.S.C. §§ 46308, 46504 (formerly 49 U.S.C. § 1472(c), (j)). For additional statutory provision(s), see Appendix A (Statutory Index).

Background: An adjustment is provided where the defendant intentionally or recklessly endangered the safety of the aircraft and passengers. The offense of carrying a weapon aboard an aircraft, which is proscribed by 49 U.S.C. § 46505, is covered in §2K1.5 (Possessing Dangerous Weapons or Materials While Boarding or Aboard an Aircraft).

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments 97 and 303); November 1, 1993 (see Appendix C, amendment 480); November 1, 1995 (see Appendix C, amendment 534).