Aircraft Piracy or Attempted Aircraft Piracy

(a) Base Offense Level: 38 (b) Specific Offense Characteristic (1) If death resulted, increase by 5 levels. Commentary Statutory Provisions: 49 U.S.C. § 46502(a), (b) (formerly 49 U.S.C. § 1472 (i), (n)). For additional statutory provision(s), see Appendix A (Statutory Index). Background: This section covers aircraft piracy both within the special aircraft jurisdiction of the United States, 49 U.S.C. § 46502(a), and aircraft piracy outside that jurisdiction when the defendant is later found in the United States, 49 U.S.C. § 46502(b). Seizure of control of an aircraft may be by force or violence, or threat of force or violence, or by any other form of intimidation. The presence of a weapon is assumed in the base offense level. Historical Note Effective November 1, 1987. Amended effective November 1, 1995 (amendment 534). 78 ║ Guidelines Manual (November 1, 2024) §2A5.2