18 U.S.C. § 2290: Jurisdiction and scope

Summary

The United States can prosecute offenses under this chapter when they happen inside the country or in U.S. waters. The U.S. can also act for crimes that happen abroad if one of three things is true: the offender or victim is a U.S. national, a U.S. national was on the vessel involved, or the vessel is a U.S. vessel. U.S. national — defined in immigration law. U.S. vessel — defined in maritime law. The chapter does not cover lawful acts done by or ordered by the U.S. Government.

Title 18, §2290

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Jurisdiction.—

There is jurisdiction, including extraterritorial jurisdiction, over an offense under this chapter if the prohibited activity takes place—

(1)within the United States and within waters subject to the jurisdiction of the United States; or

(2)outside United States and—

(A)an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

(B)the activity involves a vessel in which a national of the United States was on board; or

(C)the activity involves a vessel of the United States (as that term is defined under section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).1

(b)Scope.—

Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2 of the Maritime Drug Law

Enforcement

Act, referred to in subsec. (a)(2)(C), probably means section 3 of the Maritime Drug Law

Enforcement

Act, Pub. L. 96–350, which was classified to section 1903 of former Title 46, Appendix, Shipping, and was repealed and restated in sections 70502 to 70506 of Title 46, Shipping, by Pub. L. 109–304, §§ 10(2), 19, Oct. 6, 2006, 120 Stat. 1683, 1710. section 70502(b) of Title 46 defines “vessel of the United States”.

§2290 Jurisdiction and Scope

Summary

Title 18, §2290

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Enforcement

Citations & Metadata