2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
§2A5.1. Aircraft Piracy or
Attempted Aircraft Piracy
(a) Base Offense Level: 38
(b) Specific Offense Characteristic
(1) If death resulted, increase by 5 levels.
Statutory Provisions: 49
U.S.C. § 46502(a), (b) (formerly 49 U.S.C. § 1472 (i), (n)). For
additional statutory provision(s), see Appendix
A (Statutory Index).
Background: This section
covers aircraft piracy both within the special aircraft jurisdiction of the
United States, 49 U.S.C. § 46502(a), and aircraft piracy outside that
jurisdiction when the defendant is later found in the United States, 49 U.S.C. § 46502(b).
Seizure of control of an aircraft may be by force or violence, or threat of
force or violence, or by any other form of intimidation. The presence of a
weapon is assumed in the base offense level.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1995 (see Appendix
C, amendment 534).