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18 U.S.C. § 13Laws of States adopted for areas within Federal jurisdiction

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 471 words · no verdicts yet

in plain englishAI-generated · not legal advice

In places under federal control, an act that is not already a federal crime but would be a crime under the surrounding state's law is punished the same way here. Driving under the influence with a minor in the car adds extra federal prison time and fines. Ocean areas outside any state's border are treated as part of whichever state's border would reach them.

This section borrows state criminal law for places under federal jurisdiction. (a) Someone in a place covered by section 7 of this title, or on, above, or below any part of the U.S. territorial sea not within any state's, territory's, or district's jurisdiction, who does something (or fails to do something) that is not already a crime under federal law, but would be a crime under the surrounding state's, territory's, possession's, or district's law if it happened there, is guilty of the same offense and faces the same punishment. (b)(1) For purposes of (a), any punishment a state, territory, possession, or district could impose — through a court or an administrative agency — for a conviction of driving under the influence of drugs or alcohol counts as a punishment provided by that law. Any driving-privilege limit imposed this way applies only within the special maritime and territorial jurisdiction of the United States. (2)(A) On top of any prison term for driving under the influence under the surrounding law, this section adds extra prison time — up to one year, or up to five years if a minor is seriously injured, or up to ten years if a minor dies — plus an extra fine, or both, if (i) a minor other than the offender was in the vehicle when the offense happened, and (ii) the surrounding state's, territory's, possession's, or district's law does not already add extra prison time for that situation. (B) "Minor" here means someone under 18 years old. (c) Whenever part of the U.S. territorial sea lies outside any state's, commonwealth's, territory's, possession's, or district's own territory, that water — along with the airspace above it, the seabed and subsoil below it, and any artificial islands or fixed structures on it — is treated, for purposes of (a), as being within whichever area's borders would reach it if those borders were extended seaward to the outer edge of the U.S. territorial sea.
the actual law source: uscode.house.gov ↗public domain
(a)

Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)
(1)

Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)
(A)

In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—

(i)

a minor (other than the offender) was present in the motor vehicle when the offense was committed; and

(ii)

the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B)

For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.

(c)

Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 100–690, title VI, § 6477(a), Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103–322, title X, § 100002, Sept. 13, 1994, 108 Stat. 1996; Pub. L. 104–132, title IX, § 901(b), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 104–294, title VI, § 604(b)(32), Oct. 11, 1996, 110 Stat. 3508.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 686
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4381
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1996
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1317
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3508

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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