2012 GUIDELINES MANUAL
CHAPTER TWO - OFFENSE CONDUCT
PART A - OFFENSES AGAINST THE PERSON
5. AIR PIRACY AND OFFENSES AGAINST MASS TRANSPORTATION SYSTEMS
§2A5.3. Committing Certain Crimes Aboard Aircraft
(a) Base Offense Level: The offense level applicable to the underlying offense.
Statutory Provision: 49 U.S.C. § 46506 (formerly 49 U.S.C. § 1472(k)(1)).
1. "Underlying offense" refers to the offense listed in 49 U.S.C. § 46506 of which the defendant is convicted.
2. If the conduct intentionally or recklessly endangered the safety of the aircraft or passengers, an upward departure may be warranted.
Historical Note: Effective October 15, 1988 (see Appendix C, amendment 65). Amended effective November 1, 1989 (see Appendix C, amendment 98); November 1, 1995 (see Appendix C, amendment 534).