18 U.S.C. § 2199: Stowaways on vessels or…

Summary

If someone gets on, hides on, or stays aboard a ship or aircraft without the permission of the owner, charterer, captain, or person in charge to try to get a free ride — either at the time it leaves a U.S. port or after it comes into U.S. waters or air space — or if someone boards a U.S. aircraft without the commander's or an authorized officer’s permission, that person can be punished. The basic penalty is a federal fine, up to 5 years in prison, or both. If the person acted intending to cause serious bodily harm and such harm happens to someone other than a participant, the penalty can be a fine, up to 20 years in prison, or both. If the person acted intending to cause death and someone other than a participant dies, the penalty can be a fine, any number of years in prison, or life. “Aircraft” means any device used to fly.

Title 18, §2199

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; or Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent— (1) shall be fined under this title, imprisoned not more than 5 years, or both; (2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and (3) if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both. The word “aircraft” as used in this section includes any contrivance for navigation or flight in the air.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 469–474 (June 11, 1940, ch. 326, §§ 1–3, 54 Stat. 306; Mar. 4, 1944, ch. 82, §§ 1–4, 58 Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188). Sections consolidated and rewritten with changes of phraseology and substance. In section 469 of title 18, U.S.C., 1940 ed., the element of intent not to pay for transportation was omitted as unnecessary since the payment of transportation will invariably remove the stowaway from the operation of the section by purchasing the master’s “consent”. In section 472 of title 18, U.S.C., 1940 ed., the enumerations of State, Territory, Possession, District of Columbia, and The Canal Zone, was omitted as adequately covered by “place within the jurisdiction of the United States.” The punishment provision is the same as in section 470, 472, and 473 of title 18, U.S.C., 1940 ed., but the fine is $500 more than the maximum fine provided by said section 469. There seemed no point, however, in preserving a differential in favor of the stowaway as against the aider and abettor of $500. The court can be trusted to exercise a wise discretion within the slightly larger limits provided by the revised section. The provision for punishment of aiders and abettors in section 470 of title 18, U.S.C., 1940 ed., was omitted as unnecessary since they are punishable as principals by section 2 of this title. section 471 and 474 of title 18, U.S.C., 1940 ed., were omitted as obviously unnecessary.

Editorial Notes

Amendments

2006—Pub. L. 109–177 added pars. (1) to (3) and struck out former fourth undesignated par. which read as follows: “Shall be fined under this title or imprisoned not more than one year, or both.” 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in fourth undesignated par.

§2199 Stowaways on Vessels or Aircraft