United States of America v. Iosip Pasic

Chicago, Illinois, criminal defense lawyer Barry Spevack represented the Defendant charged with abusive sexual contact not covered by 21 U.S.C. 2244.

Josip Pasic, age 85, of Chicago, sat next to the victim on an Austrian Airlines flight from Vienna, Austria, to Chicago on Aug. 17, 2024. On multiple occasions during the flight, Pasic touched the victim’s outer thigh, inner thigh, and groin area, over the victim’s objections. To hide what he was doing, Pasic sometimes covered all or part of his hand with a black piece of fabric.

The victim began covertly recording Pasic’s actions on a cell phone camera. The victim showed the videos to a flight attendant and was relocated to another part of the plane for the remainder of the flight.

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Title 21 of the United States Code does not contain a Section 2244; however, 18 U.S.C. § 2244 covers the federal criminal offense of abusive sexual contact, and 28 U.S.C. § 2244 governs the finality of habeas corpus determinations.

18 U.S.C. § 2244: Abusive Sexual Contact

• General Offense: Knowing engagement in sexual contact with another person without that person's permission within the special maritime and territorial jurisdiction of the United States or a federal prison carries a fine and/or imprisonment of not more than two years.

• Aggravated Degrees: Specific subsections carry harsher penalties—including fines and imprisonment for any term of years or life—depending on the severity of the contact or if it mirrors more serious sexual abuse definitions.

• Young Children: If the victim has not attained the age of 12 years (with specific statutory exceptions), the maximum term of imprisonment is doubled.

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When a passenger commits sexual assault or battery on a transatlantic or international flight, the United States government exercises federal criminal jurisdiction through a framework known as the "Special Aircraft Jurisdiction of the United States".
The application of U.S. federal law to this scenario depends on specific jurisdictional triggers, the applicable statutory charges, and the governing authorities.

1. How Federal Jurisdiction Applies

Under 49 U.S.C. § 46506, the U.S. government extends its federal criminal laws to aircraft outside normal U.S. boundaries if the flight meets any of the following criteria:

• The aircraft is registered in the United States, regardless of where it is flying or landing.

• The aircraft lands in the United States, meaning the U.S. is the next scheduled destination, even if the plane is operated by a foreign carrier and the offense occurred over international airspace (e.g., the Atlantic Ocean).

• The aircraft departed from the United States, making its last point of takeoff American soil.

The statute considers an aircraft to be "in flight" from the moment all external doors are closed following embarkation until the moment any such door is opened for disembarkation. If a transatlantic flight falls under these rules, federal jurisdiction attaches even if the plane is thousands of feet over the ocean.

2. Applicable Federal Criminal Charges

The federal statute does not create unique "in-flight" crimes; instead, 49 U.S.C. § 46506 absorbs existing federal codes—specifically those applying to the "Special Maritime and Territorial Jurisdiction"—and applies them to the cabin. A passenger can be prosecuted under:

• Abusive Sexual Contact (18 U.S.C. § 2244): This covers non-consensual sexual touching or groping (often through clothing, which the FBI notes is the most common form of in-flight sexual assault). Penalties can range from fines to up to two years or more in federal prison, particularly if the victim was incapacitated or asleep.

• Sexual Abuse (18 U.S.C. § 2242) or Aggravated Sexual Abuse (18 U.S.C. § 2241): If the assault involves force, threats, or severe exploitation of an incapacitated individual, sentences scale dramatically and can carry mandatory minimums or up to life in prison.

• Simple Assault (18 U.S.C. § 113): Can be used independently or as a lesser-included charge alongside sexual misconduct.

3. Investigation and Enforcement Agencies

Because these crimes fall strictly within federal bounds, they bypass state or municipal police departments.

• The Federal Bureau of Investigation (FBI): The FBI has primary law enforcement authority over crimes committed on commercial aircraft. FBI agents routinely meet arriving international flights to take suspects into custody after a captain reports an in-flight assault.

• Federal Prosecutors: Cases are handled by the U.S. Attorney's Office in the district where the plane lands or where the aircraft first touches down in the United States.

• The Federal Aviation Administration (FAA): Separately from criminal prosecution, the FAA enforces a strict zero-tolerance policy and can levy heavy civil penalties and fines (frequently exceeding $10,000) against passengers who assault others or interfere with a flight crew's safety duties.

The Defendant was found guilty by a jury after a three day trial and may be sentenced to up to 2 years in prison when sentenced.