Federal Criminal Charges Arising from Conduct on Airplane Flights: Offenses and Penalties
Air travel in the United States is governed by a complex set of federal laws and regulations designed to protect passengers, flight crews, and national security. As a result, misconduct aboard an aircraft can lead to serious federal criminal charges—even for actions that might otherwise be considered minor if committed on the ground. The Federal Aviation Administration (FAA), the Transportation Security Administration (TSA), and the U.S. Department of Justice all play roles in enforcing these laws.
Below is an overview of common federal offenses that can occur during a flight, along with the potential penalties.
1. Interference with Flight Crew Members and Attendants
Statute: 49 U.S.C. § 46504
Overview:
This is one of the most serious charges related to in-flight conduct. It criminalizes assaulting or intimidating a flight crew member or interfering with their duties.
Examples:
- Physically attacking or threatening a flight attendant
- Refusing to follow instructions during critical phases of flight (e.g., takeoff or landing)
Penalties:
- Up to 20 years in federal prison
- Life imprisonment if a dangerous weapon is used
2. Assault or Battery Aboard an Aircraft
Statute: 18 U.S.C. § 113
Overview:
Assaults occurring aboard aircraft in U.S. jurisdiction can be charged as federal offenses, especially if they involve bodily harm.
Examples:
- Passenger-on-passenger fights
- Sexual assaults during flight
Penalties:
- Ranges from up to 6 months to 10 years or more, depending on the severity and use of a weapon
3. Sexual Misconduct or Abuse
Statute: 18 U.S.C. § 2244 (Abusive Sexual Contact), § 2241–2243
Overview:
Unwanted touching or sexual assault on an aircraft is aggressively prosecuted, and victims are encouraged to report immediately.
Examples:
- Groping another passenger
- Engaging in non-consensual sexual activity
Penalties:
- From 2 years to life imprisonment, depending on the nature of the offense and victim’s age
4. Threats or Hoaxes Related to Explosives or Weapons
Statute: 18 U.S.C. § 844(e), § 1038
Overview:
Making false claims about bombs or weapons, even jokingly, is a federal offense.
Examples:
- Saying “I have a bomb”
- Claiming to have a gun or chemical weapon
Penalties:
- Up to 5 years for hoaxes
- Up to 10 years or more for actual threats or attempts
5. Smoking or Vaping on Aircraft
Statute: 49 U.S.C. § 41706
Overview:
Federal law bans smoking and the use of electronic cigarettes on all commercial flights.
Penalties:
- Civil fines up to $4,000 by the FAA
- Possible criminal charges for interference if a crew member is obstructed while addressing the behavior
6. Unruly or Intoxicated Behavior
Overview:
Though not a stand-alone statute, disruptive or intoxicated behavior can lead to multiple federal and civil penalties.
Examples:
- Refusing to wear a seatbelt
- Being intoxicated to the point of endangering the aircraft or others
- Yelling, threatening passengers or crew
Penalties:
- Civil fines up to $37,000 per violation (FAA)
- Criminal charges if behavior escalates
7. Possession of Prohibited Items
Statute: Varies by item; includes 49 U.S.C. § 46505 (transporting dangerous goods)
Overview:
Attempting to bring weapons, explosives, or other prohibited items onto an aircraft can result in federal charges.
Examples:
- Sneaking a firearm in carry-on luggage
- Bringing flammable materials on board
Penalties:
- Up to 10 years in prison
- Additional penalties if used in an attempted crime
8. Tampering with Aircraft Systems
Statute: 18 U.S.C. § 32
Overview:
Any attempt to disable or interfere with the operation of an aircraft is treated as a serious federal crime.
Penalties:
- Up to 20 years imprisonment
- Life imprisonment or death if resulting in a crash or fatality
Conclusion
Federal law treats the safety and security of air travel with the utmost seriousness. Conduct that may be disruptive, threatening, or illegal in the confined and high-risk environment of an aircraft is likely to trigger harsh penalties. With increasing reports of in-flight misconduct, the federal government has emphasized zero tolerance, and passengers should be aware that their behavior in the sky can carry long-term legal consequences.
Matthew Galluzzo is a former Manhattan prosecutor and experienced federal criminal defense attorney. He famously earned an acquittal in a federal trial involving an alleged sexual assault on an international plane flight, and has successfully represented many other people prosecuted in federal court and pursued by the FAA for alleged crimes on airplane flights. If you or a loved one have been accused of a federal crime on an airplane, you should strongly consider contacting Matthew Galluzzo. He typically represents individuals in New York and Connecticut.