---
kind: "section"
citation: "49 U.S.C. § 46307"
title: "49"
title_heading: "Transportation"
number: "46307"
heading: "Violation of national defense airspace"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/46307"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iv — enforcement and penalties"
  - "Chapter 463 — Penalties"
---

# §46307. Violation of national defense airspace


A person that knowingly or willfully violates [section 40103(b)(3) of this title](/usc/49/40103.md?p=b-3) or a regulation prescribed or order issued under [section 40103(b)(3)](/usc/49/40103.md?p=b-3) shall be fined under [title 18](/usc/18.md), imprisoned for not more than one year, or both. If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under [title 18](/usc/18.md), or both.


## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1237; Pub. L. 119–60, div. H, title LXXXVI, § 8605(b), Dec. 18, 2025, 139 Stat. 1943.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 46307 | 49 App.:1523. | Aug. 23, 1958, Pub. L. 85–726, § 1203, 72 Stat. 800. |

The words “In addition to the penalties otherwise provided for by this chapter” are omitted as surplus. The word “prescribed” is added for consistency in the revised title. The words “fined under title 18” are substituted for “a fine of not exceeding $10,000”, and the words “shall be deemed guilty of a misdemeanor” are omitted, for consistency with title 18. The words “and upon conviction thereof” and “such fine and imprisonment” are omitted as surplus.

### Editorial Notes

### Amendments

2025—Pub. L. 119–60 inserted at end “If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under title 18, or both.”