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

in plain englishAI-generated · not legal advice

Jurisdiction over a vessel isn't part of proving a crime under this chapter. Only the trial judge decides jurisdiction questions, as a legal matter. A person charged under section 70503 or 70508 is tried where the offense happened. If it happened on the high seas, trial can be in any district.

(a) Jurisdiction. Whether the United States has jurisdiction over a vessel is not something the government must prove as an element of an offense under this chapter. Jurisdictional questions arising under this chapter are legal questions to be decided only by the trial judge, not the jury. (b) Venue. A person who violates section 70503 or 70508 (1) must be tried in the district where the offense happened; or (2) if the offense began or happened on the high seas, or somewhere outside any particular state's or district's jurisdiction, may be tried in any district.

the actual law source: uscode.house.gov ↗public domain

(a)Jurisdiction.—

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)Venue.—

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.

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.)

history & why it existsrecord from the source credit

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.

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