§46314 — Title 49 Transportation | U.S. Code

Summary

It is illegal to intentionally enter a plane or a secure airport area used by U.S. or foreign airlines if you break the required security rules. If you do, you can be fined under federal criminal law, jailed for up to 1 year, or both. If you enter to get around security or to try to commit a felony under federal or state law, the jail term can be up to 10 years plus any fines. Airports that must have security programs must post signs near checkpoints, exits from secure areas, and other places the Secretary of Homeland Security chooses to warn about these penalties. Not seeing a sign does not stop officials from imposing the penalties.

Title 49, §46314

Transportation — Source: USLM XML via OLRC

(a)A person may not knowingly and willfully enter, in violation of security requirements prescribed under section 44901, 44903(b) or (c), or 44906 of this title, an aircraft or an airport area that serves an air carrier or foreign air carrier.

(b)(1)A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than one year, or both.

(2)A person violating subsection (a) of this section with intent to evade security procedures or restrictions or with intent to commit, in the aircraft or airport area, a felony under a law of the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.

(c)(1)Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section 44903(c) shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under section 46301(a)(5)(A)(i) and subsection (b) of this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate.

(2)An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or subsection (b) of this section without regard to whether signs are displayed at an airport as required by paragraph (1).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4631449 App.:1472(r).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(r); added Dec. 30, 1987, Pub. L. 100–223, § 204(f)(2), 101 Stat. 1520. In subsection (b), the words “fined under title 18” are substituted for “a fine not to exceed $1,000” and “a fine not to exceed $10,000” for consistency with title 18. In subsection (b)(1), the words “Upon conviction” are omitted as surplus. In subsection (b)(2), the words “airport area” are substituted for “secured area” for consistency in this section.

Editorial Notes

Amendments

2011—Subsec. (b)(2). Pub. L. 112–74, § 564(b), inserted “with intent to evade security procedures or restrictions or” after “of this section”. Subsec. (c). Pub. L. 112–74, § 564(c), added subsec. (c).

§46314 Entering Aircraft or Airport Area in Violation of Security Requirements