TFR Bust = Criminal Record For Pilots?

Ron Natalie wrote:

I wouldn't bet my skin, tin, or ticket on that one.
The fact you are in distress isn't going to keep the guys in the
black helicopters or F-16's from trying to intercept you.
The FAA's track record on emergency authority isn't as iron clad
as you would like. The FAA has decided that if you get into the
emergency by your own screw up then they will still blast you for
the resulting deviations.

No arguement there. You're going to be held responsible if you screw up.
That's nothing new. Once you have the emergency, I think the presence of a
TFR is going to be a non-issue. I think the FAA would have a hard time
pressing the case that you deliberately violated a TFR if you'd declared an
emergency beforehand. The criminal violation that we're talking about refers
to a deliberate violation. If you did something dumb like run out of fuel
and were forced to come down in a TFR, I have a hard time seeing criminal
charges being pressed (although I'll agree that it's not out of the realm of
possibility).

As I said, I dropped smack into the middle of a TFR (not a political /
security one) after an engine failure and the FAA didn't even mention the TFR.
It's not like I could have gone somewhere else.

John Galban=====N4BQ (PA28-180)

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