§37 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a federal crime to intentionally use any device, substance, or weapon at an airport that serves international flights to either hurt someone in a way that causes or is likely to cause very serious injury or death, or to destroy or badly damage airport facilities or a parked civil aircraft, or to disrupt airport services. Federal courts can handle the case if it happens in the United States; or if it happens abroad but the offender is later found in the United States; or if the offender or a victim is a United States national. If the act happened inside the United States during a "labor dispute" (as defined in the Norris‑LaGuardia Act) and state law already treats the act as a felony, federal prosecution is barred. "State" means states, the District of Columbia, and U.S. territories or possessions.

Title 18, §37

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A person who unlawfully and intentionally, using any device, substance, or weapon—

(1)performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or

(2)destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport,

(b)There is jurisdiction over the prohibited activity in subsection (a) if—

(1)the prohibited activity takes place in the United States; or

(2)the prohibited activity takes place outside the United States and (A) the offender is later found in the United States; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))).

(c)It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term “labor dispute” has the meaning set forth in section 2(c) 11 So in original. Probably should be section “13(c)”. of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–132, § 723(a)(1), inserted “or conspires” after “attempts” in concluding provisions. Subsec. (b)(2). Pub. L. 104–132, § 721(g), inserted subpar. (A) designation and added subpar. (B). Subsec. (c). Pub. L. 104–294 inserted heading and inserted “, and the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–322, title VI, § 60021(c), Sept. 13, 1994, 108 Stat. 1980, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on the later of— “(1) the date of enactment of this Act [Sept. 13, 1994]; or “(2) the date on which the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971, has come into force and the United States has become a party to the Protocol.” [Protocol came into force and United States became a party to the Protocol Nov. 18, 1994, Treaty Doc. 100–19.]

§37 Violence at International Airports