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18 U.S.C. § 7Special maritime and territorial jurisdiction of the United States defined

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 642 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines 'special maritime and territorial jurisdiction of the United States' for this title. It lists nine kinds of places and vehicles: things like the high seas, U.S. vessels and aircraft, federal land, and certain U.S. facilities abroad. Federal criminal law applies within all of them.

This section explains what the phrase "special maritime and territorial jurisdiction of the United States" covers, wherever this title (the federal criminal code) uses it. It lists nine categories: (1) The high seas, any other waters under U.S. admiralty and maritime jurisdiction that are outside any single state's jurisdiction, and any vessel owned in whole or in part by the United States, a U.S. citizen, or a corporation created under U.S., state, territorial, or district law — but only while that vessel is within U.S. admiralty jurisdiction and outside any single state's jurisdiction. (2) Any vessel registered, licensed, or enrolled under U.S. law while on a voyage on the Great Lakes, the waters connecting them, or the part of the Saint Lawrence River that forms the international border. (3) Any land the United States has reserved or acquired and controls exclusively or jointly, or any place the United States bought or otherwise acquired with the consent of the state legislature, for building a fort, magazine, arsenal, dockyard, or other needed building. (4) Any island, rock, or key with guano deposits, if the President decides it belongs to the United States. (5) Any aircraft owned in whole or in part by the United States, a U.S. citizen, or a corporation created under U.S., state, territorial, or district law, while flying over the high seas or other waters under U.S. admiralty jurisdiction that are outside any single state's jurisdiction. (6) Any spacecraft on the U.S. registry under the outer space treaty and the space-object registration convention, while "in flight" — meaning from the moment all outside doors close on Earth after boarding until a door opens on Earth for leaving, or, after a forced landing, until the proper authorities take responsibility for the vehicle and everyone and everything aboard. (7) Any place outside any nation's jurisdiction, for a crime committed by or against a U.S. national. (8) To the extent international law allows, any foreign vessel on a voyage scheduled to leave from or arrive in the United States, for a crime committed by or against a U.S. national. (9) For crimes committed by or against a U.S. national, as that term is defined in the Immigration and Nationality Act: (A) the buildings, parts of buildings, and adjoining land of U.S. diplomatic, consular, military, or other government missions abroad, no matter who owns the property; and (B) residences abroad, and their adjoining land, no matter who owns them, that are used for those missions or by U.S. personnel assigned to them. This paragraph does not override any conflicting treaty or international agreement, and it does not apply to a crime committed by a person described in section 3261(a) of this title.
the actual law source: uscode.house.gov ↗public domain

The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:

(1)

The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(2)

Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

(3)

Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

(4)

Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.

(5)

Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(6)

Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

(7)

Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.

(8)

To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.

(9)

With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—

(A)

the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and

(B)

residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Pub. L. 97–96, § 6, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 98–473, title II, § 1210, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 103–322, title XII, § 120002, Sept. 13, 1994, 108 Stat. 2021; Pub. L. 107–56, title VIII, § 804, Oct. 26, 2001, 115 Stat. 377.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 685
  • 1952Amended · Act of July 12, 1952, ch. 695 · 66 Stat. 589
  • 1981Amended · Pub. L. 97-96 · 95 Stat. 1210
  • 1984Amended · Pub. L. 98-473 · 98 Stat. 2164
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2021
  • 2001Amended · Pub. L. 107-56 · 115 Stat. 377

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

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