49 U.S.C. § 46314
Section 46314 · Entering aircraft or airport area in violation of security requirements
Amended 2 times on record
Applied in 9 court decisions — leading case United States v. Schier (2006)
Most recently applied in 258 F. Supp. 3d 218 - Leacock v. United States (July 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Prohibition.—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) Criminal Penalty.—(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) Notice of Penalties.—
(1) In general.—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) Effect of signs on penalties.—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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Section
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.
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).