§70504 — Title 46 Shipping | U.S. Code

Summary

Whether the United States has authority over a vessel covered by this chapter is not part of the crime. Questions about that authority are legal issues the trial judge alone must decide before trial. A person who breaks section 70503 or 70508 must be tried in the district where the offense happened. If the offense began or took place on the high seas or outside any state's district, the person may be tried in any district.

Title 46, §70504

Shipping — Source: USLM XML via OLRC

(a)Jurisdiction of the United States with respect to a vessel subject to this chapter is not an element of an offense. Jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.

(b)A person violating section 70503 or 70508—

(1)shall be tried in the district in which such offense was committed; or

(2)if the offense was begun or committed upon the high seas, or elsewhere outside the jurisdiction of any particular State or district, may be tried in any district.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7050446 App.:1903(f).Pub. L. 96–350, § 3(f), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 104–324, § 1138(a)(5), Oct. 19, 1996, 110 Stat. 3989.

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–91 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(b) Venue.—A person violating section 70503 or 70508 of this title shall be tried in the district court of the United States for— “(1) the district at which the person enters the United States; or “(2) the District of Columbia.” 2008—Subsec. (b). Pub. L. 110–407 inserted “or 70508” after “70503” in introductory provisions.

§70504 Jurisdiction and Venue