Federal Laws on Interfering With a Flight Crew Member

Air travel rarely brings out the best in anyone. But threatening, assaulting, or interfering with a crew member working on an airplane violates federal law and can result in a felony conviction. The Federal Aviation Administration (FAA) can also impose substantial fines.

Is It a Federal Offense to Disobey a Flight Attendant?

Yes. Disobeying a flight attendant or crew member violates federal law if it interferes with their duties aboard the aircraft. The FAA has adopted a zero-tolerance policy for any unruly behavior by passengers, as rates of these incidents have substantially increased post-COVID.

An unruly passenger can face civil penalties from the FAA and possibly federal or state criminal charges. While the FAA can't file criminal charges, it can refer the case to the FBI and federal prosecutors or to local officials for prosecution. Flight crew can also ask local law enforcement to be at the gate to remove an unruly passenger.

Criminal Penalties for Assaulting a Flight Attendant or Crew Member

Federal law makes it a crime to interfere with flight crew members (flight attendants and pilots). Assaulting or intimidating a crew member, or attempting or conspiring to do so, can result in a felony conviction. Assault covers acts that injure someone, as well as any attempt or threat to injure someone if it appears the offender has the ability to carry out the harm. A person intimidates another if they use words or conduct to place a person in reasonable fear of harm.

Shoving or hitting a flight attendant, screaming at a crew member, or pushing a cart into someone would fall under this section. Below are examples of recent passenger behavior where the FAA referred a case to the FBI for criminal prosecution:

• passenger physically assaulted a crew member
• passenger tried to trip a flight attendant and exhibited aggressive behavior
• passenger threw a backpack at a flight attendant
• passenger spit at, hit, and kicked a flight attendant
• passenger yelled, cursed, and threw objects at fellow passengers.

A criminal conviction for interfering with flight crew members carries up to 20 years of prison time and a $250,000 fine. Defendants who use a dangerous weapon (any object that can be used or is used to cause death or serious bodily injury) can be punished more severely.

(18 U.S.C. § 3571; 49 U.S.C. § 46504 (2024).)

Civil Penalties for Interfering With a Flight Attendant or Crew Member

Federal civil laws also prohibit anyone from assaulting, threatening, intimidating, or interfering with a crew member. The FAA can impose civil penalties (fines) for acts that interfere with a crew member's duties.

Civil Law Prohibiting Unruly Passenger Behavior

Almost any offensive or disruptive behavior that distracts flight or cabin crew can be considered interference, including threats or acts against fellow passengers. Examples of interference include:

• physically blocking a flight attendant from walking down the aisle or out of the galley
• disobeying repeated requests to sit down, return to your seat, or turn off an electronic device
• throwing objects at crew or other passengers
• making threats to hurt a flight attendant, a pilot, or anyone else on the airplane.

Assaulting or threatening to assault a crew member or flight attendant carries the harshest civil penalties—more than $40,000 per incident. Civil penalties for other acts of interference (like disobeying repeated requests or cursing at a flight attendant) range from $1,000 to $16,000 per incident.

In 2022, the FAA imposed its largest fines ever against two unruly passengers—$77,272 and $81,950.

How FAA Civil Penalties Work

To impose a civil fine, the FAA files a notice of a proposed civil penalty with the passenger. The passenger can pay the penalty or request a hearing to contest it. The hearing will be held before a federal Administrative Law Judge (ALJ). Usually, both the FAA and the passenger are allowed to present evidence, and the passenger can (and should) be represented by an attorney. After a hearing, the judge announces their decision and may issue a written decision. If either the passenger or the FAA requests review, the FAA Administrator reviews the judge's decision. Either party may then appeal the Administrator's decision by filing an appeal in a Federal Court of Appeals.

(49 U.S.C § 46318 (2024); 14 C.F.R. §§ 91.11, 121.580, 135.120 (2024); FAA Order 2150.3C (2024).)

What Are Your Rights When Dealing With Flight Crew Members?

Airline passengers maintain their constitutional and civil rights aboard an aircraft. Crew members cannot discriminate against passengers based on their race, gender, nationality, religion, or disability. You also have certain consumer rights regarding tarmac delays, family seating, and aircraft accessibility and accommodations for passengers with disabilities.

If you believe a crew member has violated your rights, these complaints should be handled in court or through the airlines' or U.S. Department of Transportations' complaint system—not by yelling at, cursing, threatening, or assaulting a crew member.

Getting Legal Advice and Representation

If you're charged with assaulting a crew member, or you received notice of a proposed civil penalty for interfering with a crew member, contact a defense attorney who has experience defending such cases. An attorney will be able to explain the process to you, tell you how your case is likely to fare, and make the strongest arguments on your behalf so that you can achieve the best outcome in your case.