Criminal Law In Aviation: Application And Enforcement

Criminal law in the aviation industry is a complex and highly regulated area, with a range of national and international laws governing aviation-related crimes. The application of criminal law in aviation covers a wide range of scenarios, from crimes committed on board aircraft to those involving the operation of aircraft and aviation infrastructure.

The jurisdiction for prosecuting aviation-related crimes typically falls under federal law, with strict sentencing guidelines and severe penalties for offences. This includes crimes such as piracy, interference with crew members, security screeners, or placing weapons or explosives on planes.

The concept of special aircraft jurisdiction is crucial, encompassing crimes committed on US aircraft, both domestically and internationally, as well as foreign aircraft entering US airspace. This jurisdiction also applies to crimes committed on the ground before takeoff or after landing, as long as the aircraft's doors are closed.

The investigation and prosecution of aviation accidents and incidents, such as crashes or safety violations, also fall under the scope of criminal law in aviation. The first known criminal prosecution related to an aircraft accident occurred in 1979, and since then, there have been several notable cases where individuals and companies have been charged and convicted.

The application of criminal law in aviation aims to balance the need for accountability and safety with the practical considerations of the industry, such as encouraging open and honest reporting of incidents to improve safety measures.

Criminal jurisdiction

Territorial Jurisdiction

According to international law, states have territorial jurisdiction over their national territory, including the airspace above it. This means that a state has the authority to prosecute and punish crimes committed on board an aircraft within its airspace. The Chicago Convention of 1944 (Article 1) affirms this principle, granting states jurisdiction over crimes committed within their sovereign area, including their airspace.

Quasi-Territorial Jurisdiction

In addition to territorial jurisdiction, states also have quasi-territorial jurisdiction over their national ships and aircraft, as well as all persons and things on board. This means that a state's criminal laws and jurisdiction typically extend to its aircraft when they are outside of its national territory. However, there may be situations where a crime occurs during an international flight, making it challenging to determine the applicable jurisdiction.

International Agreements

To address the complexities of aviation crimes, several international agreements have been established:

• The 1963 Tokyo Convention: The Convention on Offences and Certain Other Acts Committed on Board Aircraft obliges contracting states to extend their criminal laws and jurisdiction to aircraft registered in their country when they are outside national territory. It also empowers the aircraft commander to maintain law and order on board and disembark offenders in any contracting state where the aircraft lands.
• The 1929 Warsaw Convention: Article 28 of this convention, as modified by subsequent agreements, specifies that legal actions arising from international carriage by air can only be brought before the courts of certain contracting states.
• The 1958 Geneva Convention on the High Seas: This convention defines piracy as illegal acts of violence, detention, or depredation committed by the crew or passengers of a private ship or aircraft for private ends. It gives any state the right to seize a pirate ship or aircraft and arrest the persons and seize property on board.
• Other Agreements: Other international agreements, such as the Rome Convention on Precautionary Arrest of Aircraft and the Chicago Convention (Article 27), provide additional regulations regarding aircraft seizure, patent claims, and surface damage actions.

Special Aircraft Jurisdiction of the US

In the United States, special aircraft jurisdiction plays a significant role in aviation crimes. This jurisdiction applies to crimes committed on or against aircraft falling into the following categories:

• US Civil Aircraft: Any civil aircraft registered in the US, regardless of its location.
• US Military Aircraft: Military aircraft of the US, regardless of their location.
• Aircraft in the US: Any aircraft within the US, including those operated by US commercial airlines.
• Aircraft with US Departure or Destination: Any aircraft departing from or destined for the US.
• Hijacked Aircraft: Any hijacked aircraft that lands in the US with a hijacker on board, regardless of its origin or intended destination.
• Private Aircraft Leased in the US: Private aircraft leased without a crew to anyone with a principal place of business or permanent residence in the US.

Federal Prosecution of Aviation Crimes

In the US, aviation crimes are typically prosecuted in federal courts under special aircraft jurisdiction. These crimes can include piracy, interference with crew members or security screeners, possessing or placing weapons or explosives on an aircraft, and threats or false information related to aviation security. Federal sentencing guidelines for these crimes can be severe, often resulting in long prison terms and substantial fines.

Crimes against aircraft

Piracy

Piracy is defined as the violent seizure of control of a plane in flight. This is one of the most serious aviation crimes and can carry severe penalties. Piracy within special aircraft jurisdiction, which includes US planes and planes flying to or from the US, is subject to mandatory minimum sentences of 20 years imprisonment. If a death occurs as a result of piracy, the penalty can be life imprisonment or even the death penalty. Piracy outside of special aircraft jurisdiction can also be prosecuted if a US citizen was on board, the defendant is a US citizen, or the defendant is found in US territory.

Interference with Crew or Airport Security

Interfering with crew members or attendants through assault or intimidation is a federal crime and carries a maximum penalty of 20 years imprisonment. If a dangerous weapon is involved, there is no maximum sentence. Interfering with airport security screeners through assault is also a federal crime and carries a maximum sentence of 10 years, unless a dangerous weapon is involved, in which case there is no maximum sentence.

Weapons and Explosives

Possessing or placing a weapon or explosive on an aircraft is a serious offence and is subject to a maximum sentence of 10 years imprisonment. If the behaviour demonstrates a disregard for human life, the sentence can be increased to 20 years, and if a death occurs, there is no maximum sentence.

Threats and False Information

Making threats to commit aviation crimes such as piracy or interference with crew members is prohibited, and providing false information about an alleged attempt to commit such crimes is also illegal. These offences carry a maximum sentence of five years imprisonment.

Other Crimes

Other types of crimes that can occur on aircraft include assault, murder, manslaughter, theft, robbery, and sexual abuse. These crimes are subject to the same penalties as if they were committed within the territorial jurisdiction of the US.

International Law

The 1958 Geneva Convention on the High Seas defines piracy on the high seas as:

> any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private [i.e., nongovernmental and not noncommercial] ship or a private aircraft, and directed: (a) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (b) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State.

This definition specifically excludes acts committed for political motives and acts confined within an aircraft, such as mutiny or hijacking.

Prosecution of aviation-related crimes

Aviation criminal law is a complex area, encompassing various national and international laws and regulations. The prosecution of aviation-related crimes can vary depending on the nature of the crime, the location of the offence, and the nationality of those involved. Here is an overview of the key considerations and examples of aviation-related prosecutions:

Special Aircraft Jurisdiction

Special aircraft jurisdiction generally provides the basis for the federal prosecution of crimes on planes in the US. This jurisdiction is outlined in Title 49 of the US Code and applies to crimes committed on US-operated aircraft, both within and outside US territory. It covers US military aircraft, US commercial airlines, and private aircraft leased to US entities or individuals. Additionally, it includes crimes that occur on flights departing from or arriving in the US, as well as situations where a plane lands in the US with a person who has committed certain aviation offences on board.

Types of Aviation Crimes

Aviation crimes can range from violent acts such as piracy and interference with crew members to threats, false information, and possession of weapons or explosives. Piracy, which involves violently seizing control of a plane in flight, is one of the most serious aviation crimes and is separated into two categories: piracy within and outside special aircraft jurisdiction. Other common types of aviation crimes include assault, intimidation, murder, manslaughter, theft, robbery, and sexual abuse.

Sentencing and Penalties

The penalties for aviation offences can be severe due to strict sentencing guidelines for federal crimes. Defendants convicted of aviation crimes may face long prison terms, fines, or even the death penalty, depending on the nature and circumstances of the crime. For example, piracy carries a mandatory minimum sentence of 20 years, while interfering with crew members can result in a maximum term of 20 years, with no maximum if a dangerous weapon is involved.

Examples of Aviation Crime Prosecutions

The prosecution of aviation-related crimes has evolved over the years, with a notable case being the ValuJet Flight 592 crash in 1996. This case marked the first criminal prosecution in the US following an aviation accident, where an airline maintenance company and its employees were charged with murder and manslaughter for loading flammable oxygen canisters that led to the crash.

Another example is the Swissair flight crash in Athens, Greece, in 1979, which resulted in negligent manslaughter, negligent bodily injury, and air safety disruption charges against the captain and first officer. Internationally, the 2006 mid-air collision between an Embraer Legacy 600 executive jet and a Boeing 737 over Brazil led to negligence charges against the pilots for failing to have their transponder turned on.

Challenges and Considerations

The prosecution of aviation-related crimes is not without its challenges and considerations. There has been an ongoing debate about accidents being charged as crimes, as it may impact the free flow of information during investigations and potentially hinder future aviation safety improvements. Additionally, determining the applicable law and jurisdiction in international flights can be complex, especially when pinpointing the exact location and timing of a crime.

Aviation-specific violations

• Interference with flight crew members or attendants: This includes assault, intimidation, threats, or interfering with the performance of their duties. The maximum penalty is 20 years in prison, but this can increase if a dangerous weapon is used.
• Aircraft piracy: This refers to violently seizing or exercising control over an aircraft in flight, including attempts or conspiracies to do so. The penalty for piracy is a minimum of 20 years in prison, with a potential life sentence or death penalty in cases of hijacking.
• Interference with security screening personnel: This includes assault or intimidation of airport security screeners. The maximum penalty is 10 years in prison, but this can increase if a dangerous weapon is involved.
• Carrying a weapon or explosive on an aircraft: The maximum penalty is 10 years in prison, increasing to 20 years if the behaviour showed a disregard for human life, and with no maximum sentence if a death occurs.
• Threats or false information: This includes threatening to commit a crime or providing false information aboard an aircraft. The maximum penalty is 5 years in prison.

These aviation-specific violations are prosecuted under federal law, with strict sentencing guidelines that can result in severe penalties for aviation offences.

Criminal offences committed aboard aircraft

The "special aircraft jurisdiction of the United States" allows the federal government to prosecute crimes occurring on "aircraft in flight". According to 49 U.S. Code 46501(1), an aircraft is considered "in flight" from the time the doors are closed after passengers have boarded until they are opened after landing. This means that an aircraft is considered "in flight" even when it is on the ground, as long as the doors are closed.

Once the doors are open, the jurisdiction to prosecute crimes falls under state laws where the plane has landed. However, if a crime is committed aboard an aircraft in flight within US territory, it will typically fall under the jurisdiction of the federal district courts.

Crimes committed on board aircraft can include:

• Piracy or hijacking
• Interference with crew members or attendants through assault, threats, intimidation, or other means
• Interference with airport security screeners through assault
• Carrying a weapon or explosive on an aircraft
• Providing false information or making threats, including bomb hoaxes
• Sexual abuse
• Murder
• Manslaughter
• Robbery
• Embezzlement and theft
• Receiving stolen property

Penalties for aviation crimes can be severe due to strict sentencing guidelines for federal crimes. A defendant convicted of a crime on an aircraft may face a longer prison term than they would for a similar offence under state law. For example, interfering with crew members can carry a maximum sentence of 20 years, but there is no maximum sentence if a dangerous weapon is used. Piracy convictions can result in a maximum sentence of 20 years, but life imprisonment or the death penalty may be imposed if a death occurs.

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