The following is a copy of the Federal Sentencing Guidelines. This section covers air piracy and offenses against mass transportation systems.

2010 FEDERAL SENTENCING GUIDELINES MANUALCHAPTER TWO – OFFENSE CONDUCT

PART A – OFFENSES AGAINST THE PERSON

5.AIR PIRACY AND OFFENSES AGAINST MASS TRANSPORTATION SYSTEMS

Historical Note: Effective November 1, 1987. Amended effective November 1, 2002 (see Appendix C, amendment 637).

§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.

Commentary

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).

(EFFECTIVE November 1, 2010)

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United States Sentencing Commission