The frisky fliers, who were strangers before boarding the Los Angeles-to-Detroit flight on Sunday, were caught in a sex act while in their seats.
No charges are likely against the two strangers who hooked up on a Delta flight bound for MI. They had traveled to Detroit to catch connecting flights to Nashville and Miami, respectively.
A lusty couple who joined the "Mile High Club" aboard a Delta flight will likely avoid criminal charges - but face some stiff penalties, according to a report.
But those cases typically involved men who fondled children or inappropriately touched female passengers, he said.
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A woman, 48, and the man, 28, were arrested following the mid-air incident that left fellow passengers lost for words.
And while most people may say a few words to the person sitting next to them, this couple, which consisted of a 28-year-old man and a 48-year-old woman, made a decision to really get to know one another.
"The act itself is inappropriate in a public space", one passenger told the station.
A spokesperson for the Detroit Metro Airport confirmed to the Detroit Free Press that the duo was taken into custody upon landing, but that the FBI took over the investigation in a nearby building. They were issued notices to appear in court and the Federal Bureau of Investigation is now looking into the incident.