§3261 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

People who work for or travel with the U.S. military overseas, and service members under the Uniform Code of Military Justice (UCMJ), can be tried in U.S. courts for acts committed abroad that would carry more than 1 year in prison under U.S. law. If a foreign government with U.S.-recognized jurisdiction has prosecuted or is prosecuting the person, the U.S. won’t start its own case unless the Attorney General or Deputy Attorney General approves. Military courts still have the power to try these offenses, and a service member under the UCMJ can’t be tried in a civilian case here unless they stop being covered by the UCMJ or at least one co-defendant is not under the UCMJ.

Title 18, §3261

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—

(1)while employed by or accompanying the Armed Forces outside the United States; or

(2)while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),

(b)No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.

(c)Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.

(d)No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—

(1)such member ceases to be subject to such chapter; or

(2)an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.

Statutory Notes and Related Subsidiaries

Short Title

of 2000 Amendment Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”

§3261 Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States

Summary

Title 18, §3261

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata