18 U.S.C. § 3185: Fugitives from country under…

Summary

When the United States occupies or controls a foreign country or part of one, a person who commits certain crimes there and then flees to the United States can be arrested and sent back if the local U.S. military governor or other chief executive asks in writing. The law covers 16 kinds of crimes, including murder and attempts to kill, counterfeiting and forgery, embezzlement or theft of $100 or more, robbery, burglary and other breaking-and-entering, government-office break-ins, perjury, certain sexual felonies, arson, piracy, crimes at sea on non‑U.S. ships, and deliberate destruction of things that endangers life. These cases must follow the rules of this chapter and go before a United States judge. A person can be held only on evidence that shows probable cause of the charged crime. People charged only with political offenses are not to be returned. If such a person is held, they may be sent back only on the order of the U.S. Secretary of State, and the requesting authorities must give a fair and impartial trial.

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.

This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged. No return or surrender shall be made of any person charged with the commission of any offense of a political nature. If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.

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