Title 18, Crimes and Criminal ProcedureRelease 119-102
§13 Laws of States Adopted for Areas Within Federal Jurisdiction
Title 18 › PART I — CRIMES › CHAPTER 1 — GENERAL PROVISIONS › § 13
Summary
Treats acts done on federal lands or on parts of the U.S. territorial sea that are not inside any State as federal crimes when those same acts would be crimes under the law of the State, Territory, Possession, or District where the place lies, and when no federal law already punishes them. For driving under the influence, any jail time, fines, or administrative penalties a State could impose count as punishment under federal law, but limits on driving rights apply only inside the federal maritime and territorial area. If a minor was in the vehicle during a DUI and the local law does not already add prison time for that fact, federal law can add up to 1 year in prison; up to 5 years if the minor suffers serious bodily injury; up to 10 years if the minor dies; and an extra fine or both. "Minor" means a person under 18. Waters, airspace, seabed, subsoil, and fixed structures in parts of the U.S. territorial sea that lie outside any State are treated as if they belong to the adjacent State extended out to the outer limit of the territorial sea for these rules.
Full Legal Text
Title 18, §13
Crimes and Criminal Procedure, Source: USLM XML via OLRC
(a)Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
(b)(1)Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)(A)In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—
(i)a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
(ii)the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).
(B)For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.
(c)Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 468 (Mar. 4, 1909, ch. 321, § 289, 35 Stat. 1145;
June 15, 1933, ch. 85, 48 Stat. 152;
June 20, 1935, ch. 284, 49 Stat. 394;
June 6, 1940, ch. 241, 54 Stat. 234). Act
March 4, 1909, § 289 used the words “now in force” when referring to the laws of any State, organized Territory or district, to be considered in force. As amended on
June 15, 1933, the words “by the laws thereof in force on
June 1, 1933, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal,” were used. The amendment of
June 20, 1935, extended the date to “
April 1, 1935,” and the amendment of
June 6, 1940, extended the date to “
February 1, 1940”. The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma
Amendments
of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States. The word “Possession” was inserted to clarify scope of section. Minor changes were made in phraseology.
Editorial Notes
Amendments
1996—Subsec. (a). Pub. L. 104–132, § 901(b)(1), inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “section 7 of this title,”. Subsec. (b)(2)(A). Pub. L. 104–294 substituted “under this title” for “of not more than $1,000”. Subsec. (c). Pub. L. 104–132, § 901(b)(2), added subsec. (c). 1994—Subsec. (b). Pub. L. 103–322 designated existing provisions as par. (1), substituted “Subject to paragraph (2) and for purposes” for “For purposes”, and added par. (2). 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 1996 Amendment Pub. L. 104–294, title VI, § 604(d), Oct. 11, 1996, 110 Stat. 3509, provided that: “The
Amendments
made by this section [amending this section, section 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, section 802 of Title 21, Food and Drugs, section 540A and 991 of Title 28, Judiciary and Judicial Procedure, and section 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [Sept. 13, 1994].”
Executive Documents
Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
Reference
Citations & Metadata
Citation
18 U.S.C. § 13
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102