Title 49 — Transportation
Part A · Chapter 463 — Penalties
§ 46314. Entering aircraft or airport area in violation of security requirements
Statutory text
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.
Criminal Penalty.—
A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than one year, or both.
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.
Notice of Penalties.—
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.
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 46314
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Department of Homeland Security Appropriations Act, 2012
Pub. L. 112–74 § 564(b) · 125 Stat. 981
Inserted · 49 U.S.C. § 46314(b)(2)
Pub. L. 112–74, § 564(b), inserted “with intent to evade security procedures or restrictions or” after “of this section”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 112–74, § 564(b), inserted “with intent to evade security procedures or restrictions or” after “of this section”.Enacted provision · exact public law section
(b) Criminal Penalties for Circumventing Security Screening.— Section 46314(b)(2) of title 49, United States Code, is amended by inserting “with intent to evade security procedures or restrictions or” after “of this section”.Department of Homeland Security Appropriations Act, 2012
Pub. L. 112–74 § 564(c) · 125 Stat. 981
Added · 49 U.S.C. § 46314(c)
Pub. L. 112–74, § 564(c), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–74, § 564(c), added subsec. (c).Enacted provision · exact public law section
(c) Notice of Penalties.— Section 46314 of title 49, United States Code, is amended by adding at the end the following new subsection: “(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).” .
3 of 3 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 46314 | 49 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).
Credits
1994–2011 · 2 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1239
- 2011Pub. L. 112–74, div. D, title V, § 564(b), (c), , 125 Stat. 981.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1239; Pub. L. 112–74, div. D, title V, § 564(b), (c), , 125 Stat. 981.)