§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

People who work with or travel with the U.S. Armed Forces, or who are members of the Armed Forces under chapter 47 of title 10 (the Uniform Code of Military Justice), can be punished for conduct they do outside the United States if that conduct would be a crime carrying more than 1 year in prison if it had happened in certain U.S. jurisdictions. If a foreign government with recognized jurisdiction has already charged or tried the person, the U.S. may not start a case unless the Attorney General or Deputy Attorney General approves; that approval cannot be passed to someone else. Military courts still keep their power to try the same offenders or offenses when they have legal authority to do so. A service member who is still subject to chapter 47 of title 10 cannot be prosecuted under this rule unless they stop being subject to that chapter, or they are charged in the same case with at least one other person who is not subject to that chapter.