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Title 49 — Transportation

Part A · Chapter 463 — Penalties

§ 46314. Entering aircraft or airport area in violation of security requirements

Statutory text

(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).

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.

  1. 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. 1239

    Enacted 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:

  2. 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”.

  3. 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
RevisedSectionSource (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).

Credits

1994–2011 · 2 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1239
  2. 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.)

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USLM identifier /us/usc/t49/s46314