Announcement Title
Your first announcement to every user on the forum.
Title 9 — Aviation & Maritime Law
Title 9 — AVIATION & MARITIME LAW
Chapter 1: Licensing and Operating Authority
Section 901 Operating Without Required LicenseMISDEMEANOR#
- (a) Operating an aircraft or watercraft in this State without holding the operator license required by law for that class of aircraft or watercraft.
- (b) Penalties:
- (1) Fine: $1,000 to $3,000
- (2) Imprisonment: 2 to 6 minutes
Section 902 Unauthorized Use of Aircraft or WatercraftMISDEMEANOR#
- (a) Operating an aircraft or watercraft without the consent of the owner or other person with lawful authority to grant permission.
- (b) Penalties:
- (1) Fine: $3,000 to $9,000
- (2) Imprisonment: 6 to 12 minutes
Section 903 Operating While License Suspended or RevokedMISDEMEANOR#
- (a) Operating an aircraft or watercraft while the operator’s required operator license for that class of aircraft or watercraft is suspended or revoked.
- (b) Penalties:
- (1) Fine: $2,000 to $6,000
- (2) Imprisonment: 5 to 10 minutes
Chapter 2: Restricted Airspace and Waters
Section 920 Entry Into Restricted Airspace or Restricted WatersMISDEMEANOR#
- (a) Entering restricted airspace or restricted waters after notice by clear signage, a publicly issued restriction reasonably accessible to operators, or a lawful order.
- (b) Penalties:
- (1) Fine: $2,000 to $7,000
- (2) Imprisonment: 5 to 12 minutes
Section 921 Failure to Comply With Lawful Interdiction OrderFELONY#
- (a) Failing to comply with a lawful order to stop, land, heave-to, or submit to boarding issued by a peace officer or authorized public safety official, when the official is reasonably identifiable and compliance is feasible under the circumstances.
- (b) Penalties:
- (1) Fine: $25,000 to $75,000
- (2) Imprisonment: 20 to 45 minutes
Chapter 3: Unsafe Operation
Section 930 Unsafe Operation of Aircraft or WatercraftMISDEMEANOR#
- (a) Operating an aircraft or watercraft in a manner that unreasonably endangers persons or property.
- (b) Penalties:
- (1) Fine: $2,000 to $8,000
- (2) Imprisonment: 6 to 15 minutes
Section 931 Operating While Impaired (Aviation/Maritime)MISDEMEANOR#
- (a) Operating an aircraft or watercraft while impaired by alcohol or drugs.
- (b) Penalties:
- (1) Fine: $2,500 to $7,500
- (2) Imprisonment: 6 to 12 minutes
Section 932 Reckless Endangerment by Aircraft or WatercraftFELONY#
- (a) Operating an aircraft or watercraft with willful or wanton disregard for safety creating a substantial risk of death or serious injury.
- (b) Penalties:
- (1) Fine: $50,000 to $125,000
- (2) Imprisonment: 30 to 60 minutes
Chapter 4: Smuggling and Contraband Conveyance
Section 940 Smuggling by Air or SeaFELONY#
- (a) Using an aircraft or watercraft to transport contraband or to facilitate unlawful import, export, or delivery of contraband.
- (b) Penalties:
- (1) Fine: $75,000 to $200,000
- (2) Imprisonment: 35 to 60 minutes
Section 941 Evasion of Inspection or Checkpoint by Air or SeaFELONY#
- (a) Evading, bypassing, or fleeing a lawful inspection, boarding, or checkpoint while operating an aircraft or watercraft.
- (b) Penalties:
- (1) Fine: $50,000 to $150,000
- (2) Imprisonment: 30 to 60 minutes
Chapter 5: Search, Rescue, and Emergency Authority (Procedural)
Section 960 Emergency Direction and Temporary Control of Airspace or Waters#
- (a) During an emergency, disaster, active rescue, or imminent threat to public safety, a peace officer or authorized public safety official may issue reasonable orders regulating movement, landing, docking, anchoring, takeoff, or transit within the affected area.
- (b) Orders under this section shall be limited in scope and duration to what is reasonably necessary to protect life, facilitate rescue, or secure the scene.
- (c) Orders under this section are subject to later judicial review for reasonableness, including whether the order was clearly communicated and narrowly tailored to the circumstances.
- (d) Nothing in this section limits lawful mutual aid operations or the authority of fire, medical, or rescue personnel acting within their duties.
Section 961 Emergency Assistance and Rescue Operations#
- (a) A peace officer or authorized public safety official may request assistance from operators of aircraft or watercraft when reasonably necessary to prevent loss of life, locate missing persons, or conduct rescue operations, provided such request does not unreasonably endanger the assisting operator.
- (b) A request for assistance under this section is voluntary unless separately compelled by lawful order under other authority.
- (c) Compliance with a request under this section shall not, by itself, create civil or criminal liability for good-faith acts reasonably undertaken to provide emergency assistance.
Chapter 6: Seizure and Forfeiture of Aircraft and Watercraft (Procedural)
Section 970 Seizure Authority for Aircraft and Watercraft Used in Crime#
- (a) A peace officer may seize an aircraft or watercraft when there is probable cause to believe it was used in the commission of a felony under this Title.
- (b) A peace officer may seize contraband and instrumentalities found aboard an aircraft or watercraft consistent with lawful search authority.
- (c) Seizure under this section shall be conducted in a manner reasonably calculated to preserve safety and prevent unnecessary damage.
- (d) When an aircraft or watercraft is seized under this section and continued retention is sought, the seizing agency shall present the matter for a prompt post-seizure hearing on the next available docket, unless the court finds good cause for a later setting.
Section 971 Criminal Forfeiture Upon Conviction#
- (a) Upon conviction of a felony under this Title, the court may order forfeiture of an aircraft or watercraft used to commit or facilitate the offense.
- (b) The court may order forfeiture of proceeds obtained from the offense and instrumentalities used to commit or facilitate the offense.
- (c) The court may decline forfeiture, tailor forfeiture, order partial forfeiture, order forfeiture of a value equivalent, or stay forfeiture pending appeal, when justice so requires, including where the owner did not knowingly permit the criminal use and acted reasonably to prevent such use.
- (d) The court may order restitution to victims in addition to any forfeiture order.
Section 972 Return of Seized Aircraft or Watercraft#
- (a) A person claiming lawful ownership or superior possessory interest may petition the court for return of seized property.
- (b) The petitioner shall present a lawful ownership interest or superior possessory interest, and the State shall present the basis for continued retention or conditions of return.
- (c) The court may order return subject to reasonable conditions to preserve evidence and ensure public safety, including temporary operating restrictions.
Chapter 7: Enhancements
Section 950 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Offense committed while armed with or using a deadly weapon.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 951 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Offense results in serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 952 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Victim is elderly, disabled, a minor, or a public official.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 953 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: Defendant has prior conviction for offense under this Title within 30 days.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%