For aviation smuggling via aircraft, which of the following is NOT an element of the crime?

In the context of aviation smuggling, the elements that constitute the crime typically revolve around the aircraft and the actions of individuals involved in the illegal transport of goods. "Knowing or intending" signifies that the individual must be aware of the smuggling activities and have the intent to participate in those activities, which establishes the mental state necessary for the offense.

The presence of a pilot on an aircraft is crucial since they are directly responsible for operating the vehicle used in the smuggling operation. Similarly, merchandise is a core component of the crime, as it involves the actual items being smuggled.

On the other hand, a person on a vessel does not relate to aviation smuggling because it refers to maritime transport rather than air transport. Therefore, this choice does not align with the elements specific to aviation smuggling, confirming why it is not considered an element of this crime.