11th Cir. Pattern Jury Instr. (Criminal) O118

in United States: Without Dangerous Weapon

49 U.S.C. § 46504

It’s a Federal crime to [assault] [intimidate] a flight-crew member or

attendant on an aircraft in flight in the United States.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant was on an aircraft in flight in the United States;

(2) the Defendant knowingly [assaulted] [intimidated] a flight -crew

member or flight attendant of the aircraft; and

(3) the [assault] [intimidation] interfered with or lessened the ability of

the crew member or flight attendant to perform [his] [her] duties.

An aircraft is “in flight” from the moment all external doors are closed after

the passengers have boarded through the moment when one external door is

opened to allow passengers to leave the aircraft. For purposes of this crime, an

aircraft does not have to be airborne to be in flight.

[An “assault” may be committed without actually touching or hurting

another person. An assault occurs when a person intentionally attempts or threatens

to hurt someone else and has an apparent and immediate ability to carry out the

threat, such as by pointing or brandishing a dangerous weapon or device.]

[To “intimidate” someone is to intentionally say or do something that would

cause a person of ordinary sensibilities to fear bodily harm. It’s also to say or do

something to make another person fearful or make that person refrain from doing

something that the person would otherwise do – or do something that the person

would otherwise not do.]