46 U.S.C. § 70504 — Jurisdiction and venue
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 96 words · no verdicts yet
This section addresses jurisdiction and venue. It sets the rules stated in the explanation.
(a) United States jurisdiction over a vessel* covered by this chapter is not an element that the Government must prove as part of the offense. The trial judge alone decides jurisdictional questions as preliminary legal questions. (b) A person violating section 70503 or 70508 must be tried in the district where the offense occurred. If it began or occurred on the high seas or elsewhere outside any particular State* or district, the person may be tried in any district.
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.
A person violating section 70503 or 70508—
shall be tried in the district in which such offense was committed; or
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.
Source credit: (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(2), Oct. 13, 2008, 122 Stat. 4300; Pub. L. 115–91, div. A, title X, § 1012(a), Dec. 12, 2017, 131 Stat. 1546.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1688
- 2008Amended · Pub. L. 110-407 · 122 Stat. 4300
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1546
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case