Certain acts which would be punishable if they occurred in the
special maritime and territorial jurisdiction of the United States,
defined in 18 U.S.C. § 7, are made criminal under 49 U.S.C.
§ 46506(1) (formerly 49 U.S.C. App. § 1472(k)(1)) if they
occur within the special aircraft jurisdiction of the United
States. The proscribed acts are assault (18 U.S.C. § 113),
maiming (18 U.S.C. § 114), embezzlement and theft (18 U.S.C.
§ 661), receiving stolen property (18 U.S.C. § 662),
murder (18 U.S.C. § 1111), manslaughter (18 U.S.C. §
1112), attempted murder or manslaughter (18 U.S.C. § 1113),
sexual abuse offenses (18 U.S.C. §§ 2241 to 2244), and
robbery (18 U.S.C. § 2111). The punishment for each offense
is as stated in the operative section regardless of whether the
jurisdictional basis is 18 U.S.C. § 7 or 49 U.S.C. 46506(1).
The offenses set forth above are punishable regardless of any
connection they may have with aircraft piracy or attempted piracy.
See H.R. No. 958, 87th Cong., pp. 10-11, reprinted in
1961 U.S.Code Cong. and Adm. News 2563, 2571. See alsoUnited States v. Georgescu, 723 F. Supp. 912 (E.D. N.Y.
1989) (Federal jurisdiction exists over an act of sexual abuse
against a minor alien child committed by an adult alien on a
foreign civil aircraft during a scheduled trans-Atlantic flight to
the United States when the aircraft's first landing after the
offense was in the United States).
Simple "enclave assault," that is, an act which would be an
assault if committed within the special maritime and territorial
jurisdiction of the United States (see 18 U.S.C. §
113), and made criminal within the special aircraft jurisdiction of
the United States by 49 U.S.C. § 46506, can be a lesser
included offense of interference with flight crew members or
attendants. SeeUnited States v. Flores, 968 F.2d
1366, 1370-72 (1st Cir. 1992).
Additionally, the commission within the special aircraft
jurisdiction of the United States of an act which, if committed in
the District of Columbia, would be a violation of Title 22,
District of Columbia Code, § 1112 (indecent exposure), is made
criminal by 49 U.S.C. § 46506(2) (formerly 49 U.S.C. App.
§ 1472(k)(2)).
It should be noted that 49 U.S.C. 46506 covers assaults and
other offenses against passengers, which the interference statute
does not.
Venue for offenses prosecuted under 49 U.S.C. § 46506 is
discussed in this Manual at 1406.