§3185 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When the United States is occupying or running a foreign country or area, someone who commits certain crimes there and then escapes to the United States can be arrested. If the military governor or other top official in charge sends a written request, U.S. authorities must hold that person and send them back to be tried under the laws where the crime happened. The rule covers 16 kinds of crimes, including murder and attempted murder; counterfeiting money and fake public debt or bank papers; forgery; embezzlement and theft of $100 or more; robbery; burglary and other breaking-and-entering; entering government or bank offices to commit crimes; perjury; sexual felonies under chapter 109A; arson; piracy; crimes on the high seas involving ships of that country; and intentional destruction that endangers people. Burglary here means breaking into a house at night to commit a felony. Breaking-and-entering means entering a house or building at any time to commit a felony.

Title 18, §3185

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.

(1)Murder and assault with intent to commit murder;

(2)Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;

(3)Counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same;

(4)Forgery or altering and uttering what is forged or altered;

(5)Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;

(6)Larceny or embezzlement of an amount not less than $100 in value;

(7)Robbery;

(8)Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;

(9)Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;

(10)Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;

(11)Perjury or the subornation of perjury;

(12)A felony under chapter 109A of this title;

(13)Arson;

(14)Piracy by the law of nations;

(15)Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;

(16)Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.

Notes & Related Subsidiaries

Historical and Revision Notes

1948 ActBased on title 18, U.S.C., 1940 ed., § 652 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Reference to territory of the United States and the District of Columbia was omitted as covered by definitive section 5 of this title. Changes were made in phraseology and arrangement. 1949 ActThis section [section 49] corrects typographical errors in section 3185 of title 18, U.S.C., by transferring to subdivision (3) the words, “indebtedness, bank notes, or other instruments of public”, from subdivision (2) of such section where they had been erroneously included.

Editorial Notes

Amendments

1986—Par. (12). Pub. L. 99–646 and Pub. L. 99–654 amended par. (12) identically, substituting “A felony under chapter 109A of this title” for “Rape”. 1949—Pars. (2), (3). Act May 24, 1949, transferred “indebtedness, bank notes, or other instruments of public” from par. (2) to par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1986

Amendments

by Pub. L. 99–646 and Pub. L. 99–654 effective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an

Effective Date

note under section 2241 of this title.

§3185 Fugitives From Country Under Control of United States Into the United States

Summary

Title 18, §3185

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata