21Assaulting crew—affecting performance of duty

#### 21 Assaulting crew—affecting performance of duty (1) A person must not, while on board a Division 3 aircraft, assault, threaten with violence, or otherwise intimidate, a member of the crew of the aircraft in a manner that results in: (a) an interference with the member’s performance of functions or duties connected with the operation of the aircraft; or (b) a lessening of the member’s ability to perform those functions or duties. Penalty: Imprisonment for 20 years. (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft. > Note: For absolute liability, see section 6.2 of the Criminal Code. Alternative verdicts (3) On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 20A(1) if: (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 20A(1); and (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.