The United States Court of Appeals for the Eleventh Circuit today affirmed the conviction of Billy Olvera, a former Immigration and Customs Enforcement (ICE) agent, for interfering with a flight attendant’s duties by secretly taking photos and videos of her during an American Airlines flight.
Olvera, who was on board a Dallas-Fort Worth to Miami flight on November 6, 2023, was appealing his conviction for interference with flight crew members and attendants in violation of 49 U.S.C. § 46504. He had been sentenced to two years’ probation in the U.S. District Court for the Southern District of Florida.
Appeals Court Affirms Key Legal Standard
Olvera presented two main arguments in his appeal: first, that the district court erred by instructing the jury that the government did not have to prove he intended to intimidate the flight attendant; and second, that there was insufficient evidence to support the conviction, specifically that he was unaware his conduct was intimidating the victim.
In a per curiam opinion, the Eleventh Circuit rejected both claims, citing its own precedent.
Regarding the jury instruction, the court held that § 46504 is a general intent crime, meaning the government only had to prove Olvera knowingly engaged in the prohibited conduct, not that he had the specific intent to intimidate the flight attendant or interfere with her duties.
This finding relies on the Eleventh Circuit’s prior ruling in United States v. Grossman, which established that § 46504 does not require a showing of specific intent. The court affirmed that the instruction given—that the government “does not have to prove that the Defendant acted with the intent to intimidate”—was a correct statement of law.
Evidence of ‘Video Voyeurism’ Detailed
The ruling recounts the disturbing evidence presented at trial. Flight attendant A.G. testified that Olvera, who was seated in an aisle seat, had positioned his cell phone by his thigh with the camera facing upwards, about an inch and a half away from her knees, “almost like he [was] trying to get underneath [her] dress.”
After a second flight attendant, L.A., confirmed A.G.’s suspicions with a covert recording of her own, they informed the captain. The evidence presented to the jury established that Olvera covertly recorded A.G. as she moved down the aisle, holding a second phone angled upwards between his legs and then down by his legs.
A forensic examination of Olvera’s seized cell phones revealed 23 photos and 20 videos of A.G. taken on the flight, many of which were images of her skirt, legs, and backside, angled in a way that suggested an attempt to view under her skirt.
A.G. testified that the discovery made her feel “extremely enraged,” “violated,” and “helpless,” causing her to comply with the captain’s instruction to stay in the back and not perform her remaining duties for the flight. The court also noted a disturbing post-landing comment Olvera made to A.G., saying he “prefer[red] [her] heels” after noticing she had switched to flat shoes.
Sufficient Evidence for Conviction
In denying the motion for judgment of acquittal, the Eleventh Circuit ruled that sufficient evidence was presented for a reasonable jury to find Olvera guilty.
The opinion notes that the jury could have reasonably inferred that Olvera’s surreptitious conduct intimidated A.G. and interfered with her duties, based on her testimony about her emotional reaction and the actions she took in response, which included ceasing her work on the flight. The court also pointed to Olvera’s reaction when A.G. looked at him after noticing his phone—sliding the screen out of her view—as evidence a reasonable jury could have viewed as his “recognition that A.G. knew what he was up to.”
The conviction of Billy Olvera for the airborne interference with a flight attendant, stemming from what the court records describe as “clandestine video voyeurism,” was AFFIRMED.
