FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Aug 21, 2011 | 11:13 pm
  #275  
Ari
FlyerTalk Evangelist
10 Countries Visited
20 Countries Visited
30 Countries Visited
20 Years on Site
 
Join Date: Aug 2005
Location: Chicago
Posts: 11,664
Originally Posted by Often1
Fortunately, it will only take a few prosecutions of people who deliberately lie to TSA (18 USC Sec. 1001 provides a 5-year felony penalty for that) before the jokesters stop giving poor advice.
Your reading of the law as applying to lying to TSOs is wrong.

Originally Posted by 18 USC § 1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
Telling a TSO "I am here in Boston on business" when you are really there to screw your mistress is lying to a TSO; it is not, however, a violation of the statute you cite because it is not "material". (Read the caselaw on what constitutes a material fact before trying to justify your position further-- I do not have time to cite chapter and verse right now).

Originally Posted by DL_TIDE
There is a posting referencing a statute regarding make false statements to a TSA agent is an offense subject to fines and imprisonment.
It depends on the statement made and how "material" the information is.
Ari is offline