aviation
Is it legal to hijack a plane to prevent the pilot from committing a murder-suicide?
<p>If the pilot of a single-pilot aircraft carrying passengers (not an airliner) attempts to commit a murder-suicide by crashing the plane, is it legal for a passenger, who is not a pilot, to use force to restrain the pilot, hijack the plane, and (attempt to) land it?</p>
<p>If the pilot is &quot;successful&quot; in causing the crash, but everyone survives, with what crimes could he be charged? What if the passenger(s) die? What if someone on the ground dies?</p>
<p>Assume that it is obvious that the pilot's intent is to cause a fatal accident, and there is clear evidence of everything that happened in the plane.</p>
<p>I'm interested in answers from any country.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>Taking control of an aircraft from a pilot in command without their consent would normally be an offence under <a href="https://laws-lois.justice.gc.ca/eng/acts/a-2/page-7.html#h-8320" rel="nofollow noreferrer">s. 7.3(1) and 7.41</a> of the <em>Aeronautics Act</em> (but I'm doubtful that the act of the passenger in your scenario is &quot;endangering the safety&quot; of the aircraft) and possibly <a href="https://laws-lois.justice.gc.ca/eng/acts/C-46/section-76.html" rel="nofollow noreferrer">s. 76</a> of the <em>Criminal Code</em> (I'm also doubtful that the <em>mens rea</em> is met in the specific scenario you describe). Restraining the pilot would be at least plain assault (<em>Criminal Code</em>, <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/section-265.html" rel="nofollow noreferrer">s. 265</a>).</p>
<p>Regardless, in your scenario, the otherwise illegal acts of the passenger would most likely be justified by <a href="https://law.stackexchange.com/a/87387/46948">self-defence</a> (in response to force or threat of force) or the <a href="https://law.stackexchange.com/a/89684/46948">defence of necessity</a> (no reasonable legal alternative to avoid imminent peril).</p>
<p>Possible offences for the pilot: murder, attempted murder, manslaughter, criminal negligence causing bodily harm, criminal negligence causing death. Oddly, the offence of &quot;endangering the safety of an aircraft&quot; (<em>Criminal Code</em>, <a href="https://laws-lois.justice.gc.ca/eng/acts/C-46/section-77.html" rel="nofollow noreferrer">s. 77</a>) does not seem to apply here.</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="tag-united-states-tooltip-container">united-states</a>, under the Federal government's <a href="https://www.law.cornell.edu/uscode/text/18/7" rel="nofollow noreferrer">Special Maritime and Territorial Jurisdiction</a></p>
<p>The pilot is guilty of, at least, common-law assault. (I cannot find a Federal definition of assault, so AFAIK that means the common-law definition is used.) <a href="https://www.law.cornell.edu/wex/assault_and_battery" rel="nofollow noreferrer">Assault is &quot;the wrong act of causing someone to reasonably fear imminent harm.&quot;</a> (Please correct this if there is a Federal definition of assault, but I'm sure the pilot's actions are still in violation of any such definition.)</p>
<p>&quot;Murder is the unlawful killing of a human being with malice aforethought,&quot; according to <a href="https://www.law.cornell.edu/uscode/text/18/1111" rel="nofollow noreferrer">18 USC § 1111</a>(a). Because the pilot's intent is to commit murder, he is guilty of assault with intent to commit murder, and can be sentenced to up to 20 years in prison under <a href="https://www.law.cornell.edu/uscode/text/18/113" rel="nofollow noreferrer">18 USC § 113</a>(a)(1).</p>
<p>If the pilot does kill someone, this is murder. Because it is &quot;willful, deliberate, malicious, and premeditated,&quot; it is first degree murder under <a href="https://www.law.cornell.edu/uscode/text/18/1111" rel="nofollow noreferrer">18 USC § 1111</a>(a). In Special Maritime and Territorial Jurisdiction, the pilot can be sentenced to death or to life in prison under <a href="https://www.law.cornell.edu/uscode/text/18/1111" rel="nofollow noreferrer">18 USC § 1111</a>(b).</p>
<p>The pilot's actions may be aircraft piracy. According to <a href="https://www.law.cornell.edu/uscode/text/49/46502" rel="nofollow noreferrer">49 USC § 46502</a>(a)(1)(A), &quot;'aircraft piracy' means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.&quot; The pilot is exercising control of the aircraft, is doing so with wrongful intent, is likely using force in order to prevent the passenger from taking control. According to 49 USC § 46502(a)(2), the pilot is subject to imprisonment for at least 20 years if everyone survives, or death or life imprisonment if anyone dies.</p>
