# Justice Manual § 9-63.251: Prosecutive Policy for Imparting or Conveying False Information (Bomb Hoax)—18 U.S.C. § 35 > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-63.251 ## Section - **Citation:** Justice Manual § 9-63.251 - **Heading:** Prosecutive Policy for Imparting or Conveying False Information (Bomb Hoax)—18 U.S.C. § 35 - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** DOJ Justice Manual / Title 9: Criminal / 9-63.000 - Protection Of Public Order / Justice Manual § 9-63.251 ## Text Section 35 of Title 18 provides civil and criminal felony provisions for the conveyance of false information regarding attempts or alleged attempts to destroy, damage, or disable aircraft, aircraft related facilities or motor vehicles and their related facilities. The Department believes that civil penalties are an effective punishment for the disruption caused by pranksters and jesters who falsely report the presence of bombs or explosives aboard aircraft. Under 18 U.S.C. § 35(a), willfulness need not be shown and the penalty will be recoverable even if the false report was the result of a poor attempt at humor, irritation or fatigue. See United States v. Rutherford , 332 F.2d 444 (2d Cir., cert. denied , 377 U.S. 994 (1964); United States v. Sullivan , 329 F.2d 755 (2d Cir.), cert. denied , 377 U.S. 1005 (1964). The essence of the "impart or convey information" element is the impression created in the minds of those who hear the remark and observe the person making it. These impressions should be tested under the objective standard of what reasonable persons would conclude from the words actually spoken, and from the conduct and demeanor of the speaker. In general, the civil penalty should not be sought where the words amounted to an inquiry, conjecture or speculation, as distinguished from an affirmative imparting of information. Also, if an action is to be initiated, the statement should not be inherently unbelievable and the speaker's conduct and deportment should be consistent with his/her words. However, even if the speaker follows his/her false report with an immediate disclaimer of malevolent intent, he/she has aroused suspicion or doubt which, in the interest of the travelling public's safety, cannot be ignored. A civil penalty should be sought under these circumstances. See H.R. Rep. No. 263, 89th Cong., 1 Sess., pp. 1-2 (1965). As a matter of practice, the maximum penalty under the statute should be sought. aker follows his/her false report with an immediate disclaimer of malevolent intent, he/she has aroused suspicion or doubt which, in the interest of the travelling public's safety, cannot be ignored. A civil penalty should be sought under these circumstances. See H.R. Rep. No. 263, 89th Cong., 1 Sess., pp. 1-2 (1965). As a matter of practice, the maximum penalty under the statute should be sought. In the interest of uniformity, Departmental policy requires that all civil penalty actions under 18 U.S.C. § 35(a) be brought in the district in which the defendant resides. This policy comports with the general practice followed by other Divisions when enforcing civil sanctions. [updated January 2020] ## Nearby sections - [Justice Manual § 9-63.010 Overview](https://www.frixlaw.com/law-library/statutes/JM_S9-63.010.md) - [Justice Manual § 9-63.100 Aircraft Piracy and Related Offenses](https://www.frixlaw.com/law-library/statutes/JM_S9-63.100.md) - [Justice Manual § 9-63.110 Interference with Flight Crew Members and Attendants](https://www.frixlaw.com/law-library/statutes/JM_S9-63.110.md) - [Justice Manual § 9-63.135 Negotiated Pleas for Aircraft Piracy Within the Special Aircraft Jurisdiction of the United States](https://www.frixlaw.com/law-library/statutes/JM_S9-63.135.md) - [Justice Manual § 9-63.161 Prosecution Policy for Carrying Weapons or Explosives Aboard Aircraft (49 U.S.C. §§ 46314 & 46505)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.161.md) - [Justice Manual § 9-63.171 Prosecution Policy for False Information (49 U.S.C. &$167 46507(1))](https://www.frixlaw.com/law-library/statutes/JM_S9-63.171.md) - [Justice Manual § 9-63.181 Prosecution Policy for Aircraft Piracy Outside the Special Aircraft Jurisdiction of the United States (49 U.S.C. § 46502(b))](https://www.frixlaw.com/law-library/statutes/JM_S9-63.181.md) - [Justice Manual § 9-63.200 Destruction of Aircraft and Motor Vehicles and Related Offenses (18 U.S.C. § § 31 - 35)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.200.md) - [Justice Manual § 9-63.221 Prosecutive Policy for 18 U.S.C. § 32(b)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.221.md) - [Justice Manual § 9-63.231 Prosecutive Policy for Threats to Destroy Aircraft](https://www.frixlaw.com/law-library/statutes/JM_S9-63.231.md) - [Justice Manual § 9-63.241 Prosecutive Policy for Destruction of Motor Vehicles—18 U.S.C. § 33](https://www.frixlaw.com/law-library/statutes/JM_S9-63.241.md) - [Justice Manual § 9-63.251 Prosecutive Policy for Imparting or Conveying False Information (Bomb Hoax)—18 U.S.C. § 35](https://www.frixlaw.com/law-library/statutes/JM_S9-63.251.md) - [Justice Manual § 9-63.260 Death Penalty](https://www.frixlaw.com/law-library/statutes/JM_S9-63.260.md) - [Justice Manual § 9-63.500 Firearms Generally](https://www.frixlaw.com/law-library/statutes/JM_S9-63.500.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-63.251. Check the current official text before relying on it. Not legal advice.