CITE

    18 USC Sec. 2199                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 107 - SEAMEN AND STOWAWAYS

HEAD

    Sec. 2199. Stowaways on vessels or aircraft

STATUTE

      Whoever, without the consent of the owner, charterer, master, or
    person in command of any vessel, or aircraft, with intent to obtain
    transportation, boards, enters or secretes himself aboard such
    vessel or aircraft and is thereon at the time of departure of said
    vessel or aircraft from a port, harbor, wharf, airport or other
    place within the jurisdiction of the United States; or
      Whoever, with like intent, having boarded, entered or secreted
    himself aboard a vessel or aircraft at any place within or without
    the jurisdiction of the United States, remains aboard after the
    vessel or aircraft has left such place and is thereon at any place
    within the jurisdiction of the United States; or
      Whoever, with intent to obtain a ride or transportation, boards
    or enters any aircraft owned or operated by the United States
    without the consent of the person in command or other duly
    authorized officer or agent -
        (1) shall be fined under this title, imprisoned not more than 5
      years, or both;
        (2) if the person commits an act proscribed by this section,
      with the intent to commit serious bodily injury, and serious
      bodily injury occurs (as defined under section 1365, including
      any conduct that, if the conduct occurred in the special maritime
      and territorial jurisdiction of the United States, would violate
      section 2241 or 2242) to any person other than a participant as a
      result of a violation of this section, shall be fined under this
      title or imprisoned not more than 20 years, or both; and
        (3) if an individual commits an act proscribed by this section,
      with the intent to cause death, and if the death of any person
      other than a participant occurs as a result of a violation of
      this section, shall be fined under this title, imprisoned for any
      number of years or for life, or both.
      The word "aircraft" as used in this section includes any
    contrivance for navigation or flight in the air.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 104-294, title VI,
    Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 109-177,
    title III, Sec. 308, Mar. 9, 2006, 120 Stat. 241.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 469-474 (June 11,
    1940, ch. 326, Secs. 1-3, 54 Stat. 306; Mar. 4, 1944, ch. 82, Secs.
    1-4, 58 Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188).
      Sections consolidated and rewritten with changes of phraseology
    and substance.
      In section 469 of title 18, U.S.C., 1940 ed., the element of
    intent not to pay for transportation was omitted as unnecessary
    since the payment of transportation will invariably remove the
    stowaway from the operation of the section by purchasing the
    master's "consent".
      In section 472 of title 18, U.S.C., 1940 ed., the enumerations of
    State, Territory, Possession, District of Columbia, and The Canal
    Zone, was omitted as adequately covered by "place within the
    jurisdiction of the United States."
      The punishment provision is the same as in sections 470, 472, and
    473 of title 18, U.S.C., 1940 ed., but the fine is $500 more than
    the maximum fine provided by said section 469. There seemed no
    point, however, in preserving a differential in favor of the
    stowaway as against the aider and abettor of $500. The court can be
    trusted to exercise a wise discretion within the slightly larger
    limits provided by the revised section.
      The provision for punishment of aiders and abettors in section
    470 of title 18, U.S.C., 1940 ed., was omitted as unnecessary since
    they are punishable as principals by section 2 of this title.
      Sections 471 and 474 of title 18, U.S.C., 1940 ed., were omitted
    as obviously unnecessary.
                                AMENDMENTS
      2006 - Pub. L. 109-177 added pars. (1) to (3) and struck out
    former fourth undesignated par. which read as follows: "Shall be
    fined under this title or imprisoned not more than one year, or
    both."
      1996 - Pub. L. 104-294 substituted "fined under this title" for
    "fined not more than $1,000" in fourth undesignated par.
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