"Terrorists" try to hijack helicopter...

Re: \"Terrorists\" try to hijack helicopter...

Never said they shouldn't have been held ... if reporters break the law to get a story they are acountable just like any other citizen. If a reporter is willingto accept the penalties then that's a choice they made ... most aren't however, willing to go to jail, when they are making, on average, less than teachers.

I was replying to the "haul them off to camp x-ray" mentality. /ubbthreads/images/graemlins/crazy.gif
 
Re: \"Terrorists\" try to hijack helicopter...

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I showed this story to someone earlier today who made a good point that hasn't been brought up. We have not considered the resources wasted towards investigating this fake hijacking attempt. The police and local FBI dispatched units to come to the airport, interview everyone, make arrests, question the suspects, they probably had to do some other investigations to confirm their identities. Local law enforcement put men, time, and money towards this while the real bad guys are still walking around free. Seems like they should have been held for something, sort of the old yelling Fire! in a crowded theater.

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Maybe I missed something in the story. What did they do that was illegal again? Did they actually try to hijack a helicopter or did they just try to look suspicious when they were chartering it? Because if they didn't do anything illegal, I would be against charging them with a crime. Just write this one off to stupid reporter tricks and let it go.
 
Re: \"Terrorists\" try to hijack helicopter...

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Maybe I missed something in the story. What did they do that was illegal again?

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Here goes...

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Federal Aviation Regulations

§ 135.119 Prohibition against carriage of weapons

No person may, while on board an aircraft being operated by a certificate holder, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. This section does not apply to—

(a) Officials or employees of a municipality or a State, or of the United States, who are authorized to carry arms; or

(b) Crewmembers and other persons authorized by the certificate holder to carry arms.

The TSA does not allow passengers to carry box cutters on 121 aircraft. I would deduce that they are prohibited because they are considered a weapon, or could be used as a weapon.


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Continuting on...

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The USC Title 18 Section 1036:

Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport

(a) Whoever, by any fraud or false pretense, enters or attempts to enter -
.
.
(3) any secure area of any airport,

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under subsection (a) of this section is -

(1) a fine under this title or imprisonment for not more than 5 years, or both, if the offense is committed with the intent to commit a felony; or

(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.

(c) As used in this section -

(1) the term ''secure area'' means an area access to which is restricted by the airport authority or a public agency; and

(2) the term ''airport'' has the meaning given such term in section 47102 of title 49


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and finally...

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USC Title 18

Sec. 371. - Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor


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There are actually a host of other crimes under Terrorism in the USC that these guys could have been charged with, but this post is long enough.

So let's see. Their plan was this: Go to an airport, charter an aircraft, smuggle weapons on board, for the reason of a television news story, however they would not inform the people at the airport of what they were trying to do, but rather simply appear to be wanting a sight seeing flight, etc.

So right off the bat they violated Title 18, Section 371 of the USC by conspiring to violate Title 18 Section 1036 of the USC, by gaining access to a secure area of an airport (i.e. the ramp) under false pretenses. They did in fact gain access so not only did they conspire to violate Title 18, sec 1036 they did indeed violate it.

They had, in their bags, concealed box cutters. These items are prohibited to carry on airliners by the TSA because they are considered weapons. I would suspect that in court they would be defined as weapons. So had they gotten on the aircraft they would have violated § 135.119 of the FAR, but again since that was their intent they committed conspiracy under Title 18 Section 371.

This type of BS cannot be tolerated. It is difficult enough to stop real criminals without having media n'er do wells trying to circumvent security procedures.

I personally would have thrown the book at these guys. Their intent was not to inform the public, but rather to get viewers and I would argue to possibly induce panic. Of course they would have argued that they had the "public's best interests at heart", but I sincerely doubt that.

Naunga
 
Re: \"Terrorists\" try to hijack helicopter...

While I agree with ya, Naunga (and I feel this b@stards should be punished), the 135 probably won't hold up in court. The flight was being conducted under Part 91 more than likely. The USC 18 sec 371 deals with frauding the UNITED STATES, which would be true if they tried to dupe TSA or rent the helicopter from a government agency. Now, USC 18 sec 1036 is still applicable. So, at the very least these guys should sit and think about what they did in prision for 6 months. There's a couple more infractions, but I don't know specifically what they are. My Aviation Law textbook is packed up and in another state right now. Last time I checked fraud, in addition to being unethical (but this IS journalism, so all ethics are moot), was still illegal. They "attempted to gain access under false pretenses," and that to me is fraud.
 
Re: \"Terrorists\" try to hijack helicopter...

Should have thrown the book at this news crew...I'm sure there is something we could have charged them with....
 
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