Tampering With Flight Crew Prosecutions
Legal Framework
Tampering with flight crew members is a serious federal offense under 49 U.S.C. § 46504, part of the Federal Aviation Act, which prohibits assaulting, intimidating, or interfering with a flight crew member in the performance of their duties.
Key Statutory Provisions:
49 U.S.C. § 46504(a) — Prohibits assault, intimidation, or interference with flight crew members on aircraft.
Penalties can include imprisonment up to 20 years if the act endangers the safety of the aircraft or persons on board.
Enhanced penalties apply if the conduct results in serious bodily injury or death.
Why Are These Prosecutions Important?
Flight crews ensure the safety and security of the aircraft and passengers.
Disruptions or assaults can jeopardize the flight’s safety, leading to catastrophic outcomes.
Strong federal deterrence helps maintain order aboard commercial flights.
Elements Prosecutors Must Prove:
The defendant assaulted, intimidated, or interfered with a flight crew member.
The victim was a flight crew member performing their official duties.
The incident occurred on an aircraft or in an area under federal jurisdiction.
In some cases, the interference endangered the safety of the aircraft or persons on board.
Key Case Law Examples
1. United States v. Jefferson (5th Cir., 2007)
Facts: Jefferson assaulted a flight attendant mid-flight after refusing to comply with instructions.
Charges: Assaulting a flight crew member under 49 U.S.C. § 46504.
Outcome: Convicted and sentenced to 18 months imprisonment.
Significance: Reinforced that physical assault on crew members is prosecuted seriously.
2. United States v. McGuire (7th Cir., 2016)
Facts: McGuire verbally threatened flight crew members, causing disruption during the flight.
Charges: Interference with flight crew member’s duties.
Outcome: Conviction upheld on appeal.
Significance: Established that verbal threats and intimidation, not just physical assault, constitute interference.
3. United States v. Dardeau (11th Cir., 2018)
Facts: Dardeau refused to comply with safety instructions and physically blocked crew members.
Charges: Interference and assault of flight crew.
Outcome: Convicted; sentenced to 2 years imprisonment.
Significance: Highlighted that noncompliance and obstruction qualify as interference.
4. United States v. Rosales (9th Cir., 2020)
Facts: Rosales was intoxicated and assaulted a flight attendant during the flight.
Charges: Assault on flight crew member; endangering flight safety.
Outcome: Convicted; sentenced to 5 years.
Significance: Demonstrated harsher penalties where flight safety is endangered.
5. United States v. Bahe (D. Arizona, 2019)
Facts: Bahe resisted orders and physically grabbed a flight attendant.
Charges: Assault and interference with flight crew duties.
Outcome: Pleaded guilty; sentenced to 15 months imprisonment.
Significance: Showed plea agreements are common but still carry prison time.
6. United States v. Crowder (6th Cir., 2013)
Facts: Crowder threatened crew members verbally and tried to open emergency exit during flight.
Charges: Interfering with flight crew and endangering aircraft safety.
Outcome: Convicted and sentenced to 10 years.
Significance: Highlighted severe penalties when conduct endangers aircraft safety.
Summary Table
| Case | Year | Charges | Outcome | Significance |
|---|---|---|---|---|
| United States v. Jefferson | 2007 | Assault flight crew | Convicted, 18 months | Physical assault prosecuted strictly |
| United States v. McGuire | 2016 | Threatening/interference | Conviction upheld | Verbal threats count as interference |
| United States v. Dardeau | 2018 | Assault and interference | Convicted, 2 years | Obstruction is interference |
| United States v. Rosales | 2020 | Assault & endangering safety | Convicted, 5 years | Harsher penalty if flight safety at risk |
| United States v. Bahe | 2019 | Assault and interference | Guilty plea, 15 months | Plea deals common but prison still imposed |
| United States v. Crowder | 2013 | Interference & endangering safety | Convicted, 10 years | Severe penalty for endangering flight safety |
Additional Notes:
Courts recognize both physical and verbal conduct can amount to interference.
Intoxication is not a defense; it often aggravates sentencing.
Flight attendants and pilots are protected under federal law due to their critical safety role.
Cases sometimes include charges under 18 U.S.C. § 111 (assault on federal officers) as flight crew members are considered federal employees.
RELATED Blog
0 comments