Quote:
Originally Posted by heeby
I believe you are correct. From my understanding it is not a law nor is disobeying a flight attendant illegal in this instance. However what normally happens is they get law enforcement involved and get THEM to arrest you on some trumped up charge like disorderly conduct, assault etc. But since it is repeated so much in the media and gossip that it's ILLEGAL to "disobey" flight crews, the general public believes this. Perhaps our lawyer friend above could chime in on the accuracy of this?
|
Here is the most relevant US Code section I was able to locate in my admittedly brief research:
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
49 U.S.C. 46504
The offense here isn't disobeying, it's "interfering." So I would say that simply not listening to the announcement the first time to turn off devices would not violate this law. But if the FA asks you personally to turn it off, and you don't, and he/she has to ask again, and you continue to ignore them, that might be another matter. Basically, it would be up to the FA's discretion whether to involve the authorities, and the US attorney's discretion whether to prosecute.
(Don't get too hung up on the "intimidating" part -- the statute has been broadly construed, so if an FA testifies that you were "intimidating" him or her (including by saying that you'd turn the device off and then not doing it) that's probably sufficient evidence. Proving an intent to intimidate is not necessary.)
BTW, this is my personal opinion and not to be construed as advice of any sort.