§3261 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Allows the United States to charge people for crimes they commit outside the country when the act would be punishable by more than 1 year in prison in U.S. territory. It covers people who are working for or traveling with the Armed Forces abroad and members of the Armed Forces who are under chapter 47 of title 10 (the Uniform Code of Military Justice). A foreign government’s prosecution stops a U.S. case unless the Attorney General or the Deputy Attorney General personally approves, and that approval cannot be delegated. Military courts still have the power to try such offenses. A service member under chapter 47 cannot be tried under this law unless they stop being subject to chapter 47 or the charge names at least one co-defendant who is not under chapter 47.

Title 18, §3261

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—

(1)while employed by or accompanying the Armed Forces outside the United States; or

(2)while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),

(b)No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.

(c)Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.

(d)No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—

(1)such member ceases to be subject to such chapter; or

(2)an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.

Statutory Notes and Related Subsidiaries

Short Title

of 2000 Amendment Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”

§3261 Criminal Offenses Committed by Certain Members of the Armed Forces and by Persons Employed by or Accompanying the Armed Forces Outside the United States

Summary

Title 18, §3261

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata