§3042 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Allows U.S. officers to arrest and return to the United States any U.S. citizen or national who is a fugitive from justice for a federal crime when the United States has legal authority in that foreign country. It also covers arrest and transfer inside the United States when a U.S. officer who has judicial authority abroad needs the person sent to that foreign jurisdiction. A U.S. officer abroad may arrest and hold or conditionally release the fugitive under section 3142 while waiting for a removal warrant. The chief U.S. officer in that country must issue the warrant, and a U.S. marshal or similar officer must carry it out. When executing the warrant outside their court’s area, the marshal and deputies have the marshal powers needed to keep the prisoner safe and complete the transfer.

Title 18, §3042

Crimes and Criminal Procedure — Source: USLM XML via OLRC

section 3041 of this title shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States in any country where it exercises extraterritorial jurisdiction. Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the usual mode of process against offenders subject to such jurisdiction, be arrested and detained or conditionally released pursuant to section 3142 of this title, as the case may be, pending the issuance of a warrant for his removal, which warrant the principal officer or representative of the United States vested with judicial authority in the country where the fugitive shall be found shall seasonably issue, and the United States marshal or corresponding officer shall execute. Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner’s safekeeping and the execution of the warrant.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 662b (Mar. 22, 1934, ch. 73, § 1, 48 Stat. 454). Words “crime or” before “offense” were omitted as unnecessary. Words “and the Philippine Islands” were deleted in two places as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946. Words “its Territories, Districts, or possessions, including the Panama Canal Zone or any other territory governed, occupied, or controlled by it” were omitted as covered by section 5 of this title defining the term “United States”. Minor changes were made in phraseology.

Editorial Notes

Amendments

1984—Pub. L. 98–473 substituted “detained or conditionally released pursuant to section 3142 of this title” for “imprisoned or admitted to bail”.

§3042 Extraterritorial Jurisdiction