What are the elements of section 1155(b) of the Civil Aviation Safety Act when a defendant is accused of removing from the scene of a civil aircraft accident?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sanders, 211 F.3d 711 (2nd Cir. 1999):

The elements of section 1155(b) are the knowing, unauthorized removal of parts or property from a civil aircraft that has been involved in an accident. It is common knowledge that airplane crashes are the subject of exhaustive investigation and study by government agencies, so "'one would hardly be surprised to learn'" that the unauthorized removal of parts or property from a crash site "'is not an innocent act.'" See id. at 116 (quoting United States v. Freed, 401 U.S. 601, 609 (1971)). One who knowingly removes parts or property from an airplane that had been involved in a crash has "sufficient knowledge to recognize that they have done something culpable." Id. at 118. Therefore the district court properly refused to instruct the jury that it must find an additional element of "wrongful intent" in order to convict.

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