Prosecution Policy for False Information (49 U.S.C. &$167 46507(1))

Title 49 U.S.C. § 46507(1) makes it a crime to willfully and maliciously, or with reckless disregard for safety, convey false information, knowing such information to be false, concerning an attempt to do an act which would be a felony prohibited by various sections of Title 49.

To achieve uniform application of 49 U.S.C. § 46507(1) (formerly 49 U.S.C. App. § 1472(m)(1)), the following guidelines should be considered in determining whether an offense is to be prosecuted:

Aggravated cases should be fully investigated and prosecuted. Such aggravated cases include, but are not limited to, the following examples:

A hijacking hoax made by a person reporting the alleged hijacking and falsely attributing it to another; or

False information not readily disclosed as such resulting in delay of the flight or inconvenience to airport employees and passengers.

Federal criminal prosecution under 49 U.S.C. § 46507(1) may be declined in the following instances:

False statements made in the vicinity of the inspection point as a poor attempt at humor and suspected to be such by the individual to whom the statement is directed;

Statements made by individuals who have no prior criminal record and made under circumstances that are clearly extenuating in nature; or

Consistent with the considerations discussed above, cases in which the airlines do not deem the conduct of the individual to be of such seriousness as to warrant his/her removal from a flight or delay his/her travel schedule.

[cited in

JM 9-63.231

]