§2332g Missile Systems Designed to Destroy Aircraft

Summary

It is a crime to knowingly make, build, get, give, receive, have, move, import, export, use, or threaten to use explosive or incendiary rockets or missiles that are guided to home in on an aircraft (for example by sensing energy from the aircraft or using an image of it), any launcher or guidance device made for those missiles, or parts meant to be used to make them. Devices that are not meant to be weapons are not covered. Actions done by the United States or a State, or under a contract with them, are also not covered. The United States can prosecute these crimes when they affect interstate or foreign commerce; happen outside the U.S. by a U.S. citizen; are against a U.S. citizen abroad; involve U.S. government property; or involve helping or conspiring with someone in those situations. Punishment is a fine up to $2,000,000 and at least 25 years in prison or life. If the person uses or threatens to use the described items during the crime, the prison term is at least 30 years or life plus the same fine. If the crime causes someone’s death, the penalty is life in prison and a fine up to $2,000,000. Aircraft is defined in 49 U.S.C. 40102(a)(6).