dreamproit/uscode huggingface dataset:
18 U.S.C. § 3240 (CRIMES AND CRIMINAL PROCEDURE)
§ 3240. Creation of new district or division
Whenever any new district or division is established, or any county or territory is transferred from one district or division to another district or division, prosecutions for offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the case to be removed to the new district or division for trial.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 50, 63 Stat. 96.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on section 121 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 59, 36 Stat. 1103).
Section 121 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, was divided into two sections. Only the portion relating to venue in civil cases was left in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary.
Minor changes of phraseology were made.
heading: 1949 Act
text: This section [section 50] strikes the second sentence of section 3240 of title 18, U.S.C., as unnecessary. Section “119” of title 28, U.S.C., referred to in such sentence, became section 1404 of title 28 upon its revision and enactment into positive law in 1948, but reference to the latter, in said section 3240 of title 18, U.S.C., is surplusage in view of rule 19 et seq. of the Federal Rules of Criminal Procedure and the remainder of such section 3240.
heading: Amendments
text: 1949—Act May 24, 1949, struck out “The transfer of such prosecutions shall be made in the manner provided in section 119 of Title 28”.
18 U.S.C. § 3241 (CRIMES AND CRIMINAL PROCEDURE)
§ 3241. Jurisdiction of offenses under certain sections
The District Court of the Virgin Islands shall have jurisdiction of offenses under the laws of the United States, not locally inapplicable, committed within the territorial jurisdiction of such courts, and jurisdiction, concurrently with the district courts of the United States, of offenses against the laws of the United States committed upon the high seas.
(June 25, 1948, ch. 645, 62 Stat. 827; Pub. L. 85–508, § 12(i), July 7, 1958, 72 Stat. 348; Pub. L. 107–273, div. B, title IV, § 4004(e), Nov. 2, 2002, 116 Stat. 1812.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 39, 574; sections 23, 101, 1406 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions; section 39 of title 50, U.S.C., 1940 ed., War and National Defense (June 6, 1900, ch. 786, § 4, 31 Stat. 322; Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512; June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Mar. 2, 1921, ch. 110, 41 Stat. 1203; June 22, 1936, ch. 699, § 28, 49 Stat. 1814).
Section consolidates portions of sections 39 and 574 of title 18, U.S.C., 1940 ed., with jurisdictional provisions of sections 23, 101, and 1406 of title 48, U.S.C., 1940 ed., and section 39 of title 50 U.S.C., 1940 ed., with changes of phraseology necessary to effect consolidation.
The revised section simplifies and clarifies the Federal jurisdiction of the district courts of the Territories and Possessions. The enumeration of sections in section 574 of title 18, U.S.C., 1940 ed., was omitted as incomplete and misleading and the general language of the revised section was made applicable to the Canal Zone.
The phrase “the several courts of the first instance in the Philippine Islands” in section 574 of title 18, U.S.C., 1940 ed., was omitted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
The last sentence of section 574 of title 18, U.S.C., 1940 ed., with reference to the powers of district attorneys was omitted as unnecessary and otherwise covered by sections 403 and 404 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse.
Definition of United States in section 39 of title 18, U.S.C., 1940 ed., is incorporated in section 5 of this title.
heading: Amendments
text: 2002—Pub. L. 107–273 struck out “United States District Court for the Canal Zone and the” after “The”.
1958—Pub. L. 85–508 struck out provisions which related to the District Court for the Territory of Alaska. See section 81A of Title 28, Judiciary and Judicial Procedure, which establishes a United States District Court for the State of Alaska.
heading: Effective Date of 1958 Amendment
text: Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of Title 28, Judiciary and Judicial Procedure, and preceding former section 21 of Title 48, Territories and Insular Possessions.
18 U.S.C. § 3242 (CRIMES AND CRIMINAL PROCEDURE)
§ 3242. Indians committing certain offenses; acts on reservations
All Indians committing any offense listed in the first paragraph of and punishable under section 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 51, 63 Stat. 96; Pub. L. 89–707, § 2, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 94–297, § 4, May 29, 1976, 90 Stat. 586.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on title 18, U.S.C., 1940 ed., § 548 (Mar. 4, 1909, ch. 321, § 328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337).
The provisions defining rape in accordance with the law of the State and prescribing imprisonment at the discretion of the court for rape by an Indian upon an Indian are now included in section 1153 of this title. (See also section 6 of this title.)
Section 549 of said title 18, relating to crimes in Indian reservations in South Dakota, was omitted as covered by section 1153 of this title. Accordingly the last sentence of said section 548, extending this section to prosecutions of Indians in South Dakota, was also omitted as unnecessary because this section is sufficient and applicable. Other provisions of said section 548 are incorporated in sections 1151 and 1153 of this title.
Minor changes were made in phraseology.
heading: 1949 Act
text: This section [section 51] conforms section 3242 of title 18, U.S.C., with sections 1151 and 1153 of such title, thus eliminating inconsistency and ambiguity with respect to the definition of Indian country.
heading: Amendments
text: 1976—Pub. L. 94–297 substituted provision setting out reference to offenses listed in first paragraph of and punishable under section 1153 of this title, for provision specifically enumerating the covered offenses.
1966—Pub. L. 89–707 added carnal knowledge and assault with intent to commit rape as offenses cognizable within the exclusive jurisdiction of the United States when committed on and within the Indian country.
1949—Act May 24, 1949, substituted “within the Indian country” for “within any Indian reservation, including rights-of-way running through the reservation,”.
18 U.S.C. § 3243 (CRIMES AND CRIMINAL PROCEDURE)
§ 3243. Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations
Jurisdiction is conferred on the State of Kansas over offenses committed by or against Indians on Indian reservations, including trust or restricted allotments, within the State of Kansas, to the same extent as its courts have jurisdiction over offenses committed elsewhere within the State in accordance with the laws of the State.
This section shall not deprive the courts of the United States of jurisdiction over offenses defined by the laws of the United States committed by or against Indians on Indian reservations.
(June 25, 1948, ch. 645, 62 Stat. 827.)
heading: Historical and Revision Notes
text: Based on section 217a of title 25, U.S.C., 1940 ed., Indians (June 8, 1940, ch. 276, 54 Stat. 249).
The attention of Congress is directed to consideration of the question whether this section should be broadened and made applicable to all states rather than only to Kansas. Such change was not regarded as within the scope of this revision.
Changes were made in phraseology.
18 U.S.C. § 3244 (CRIMES AND CRIMINAL PROCEDURE)
§ 3244. Jurisdiction of proceedings relating to transferred offenders
When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders—
(1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to challenge, modify, or set aside convictions or sentences handed down by a court of such country;
(2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to challenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the offender had not been transferred;
(3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings;
(4) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender’s transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the validity of the offender’s consent were held and shall name the Attorney General as respondent; and
(5) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender’s transfer to the United States shall be brought in the United States district court of the district in which the offender is confined or of the district in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings.
(Added Pub. L. 95–144, § 3, Oct. 28, 1977, 91 Stat. 1220, title 28, § 2256; renumbered Pub. L. 95–598, title III, § 314(j)(1), Nov. 6, 1978, 92 Stat. 2677.)
heading: Codification
text: Section was formerly classified to section 2256 of Title 28, Judiciary and Judicial Procedure.
heading: Savings Provision
text: Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bank­ruptcy.
18 U.S.C. § 3261 (CRIMES AND CRIMINAL PROCEDURE)
§ 3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States
(a) Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—
(1) while employed by or accompanying the Armed Forces outside the United States; or
(2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
(b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.
(c) Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.
(d) No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—
(1) such member ceases to be subject to such chapter; or
(2) an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2488.)
heading: Short Title of 2000 Amendment
text: Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”
18 U.S.C. § 3262 (CRIMES AND CRIMINAL PROCEDURE)
§ 3262. Arrest and commitment
(a) The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest, in accordance with applicable international agreements, outside the United States any person described in section 3261(a) if there is probable cause to believe that such person violated section 3261(a).
(b) Except as provided in sections 3263 and 3264, a person arrested under subsection (a) shall be delivered as soon as practicable to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to conduct referred to in such subsection unless such person has had charges brought against him or her under chapter 47 of title 10 for such conduct.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)
18 U.S.C. § 3263 (CRIMES AND CRIMINAL PROCEDURE)
§ 3263. Delivery to authorities of foreign countries
(a) Any person designated and authorized under section 3262(a) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which such person is alleged to have violated section 3261(a) if—
(1) appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and
(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party.
(b) The Secretary of Defense, in consultation with the Secretary of State, shall determine which officials of a foreign country constitute appropriate authorities for purposes of this section.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)
18 U.S.C. § 3264 (CRIMES AND CRIMINAL PROCEDURE)
§ 3264. Limitation on removal
(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—
(1) to the United States; or
(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
(b) The limitation in subsection (a) does not apply if—
(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f);
(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention;
(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination;
(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or
(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.
18 U.S.C. § 3265 (CRIMES AND CRIMINAL PROCEDURE)
§ 3265. Initial proceedings
(a)
(1) In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure—
(A) shall be conducted by a Federal magistrate judge; and
(B) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
(2) In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it.
(3) If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person’s detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person’s release before trial under chapter 207 of this title.
(b) In the case of any person described in subsection (a), any detention hearing of that person under section 3142(f)—
(1) shall be conducted by a Federal magistrate judge; and
(2) at the request of the person, may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
(c)
(1) If any initial proceeding under this section with respect to any such person is conducted while the person is outside the United States, and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
(2) For purposes of this subsection, the term “qualified military counsel” means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who—
(A) is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and
(B) is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2490.)
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in subsec. (a)(1), are set out in the Appendix to this title.
18 U.S.C. § 3266 (CRIMES AND CRIMINAL PROCEDURE)
§ 3266. Regulations
(a) The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations governing the apprehension, detention, delivery, and removal of persons under this chapter and the facilitation of proceedings under section 3265. Such regulations shall be uniform throughout the Department of Defense.
(b)
(1) The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations requiring that, to the maximum extent practicable, notice shall be provided to any person employed by or accompanying the Armed Forces outside the United States who is not a national of the United States that such person is potentially subject to the criminal jurisdiction of the United States under this chapter.
(2) A failure to provide notice in accordance with the regulations prescribed under paragraph (1) shall not defeat the jurisdiction of a court of the United States or provide a defense in any judicial proceeding arising under this chapter.
(c) The regulations prescribed under this section, and any amendments to those regulations, shall not take effect before the date that is 90 days after the date on which the Secretary of Defense submits a report containing those regulations or amendments (as the case may be) to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2491.)
18 U.S.C. § 3267 (CRIMES AND CRIMINAL PROCEDURE)
§ 3267. Definitions
As used in this chapter:
(1) The term “employed by the Armed Forces outside the United States” means—
(A) employed as—
(i) a civilian employee of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas;
(ii) a contractor (including a subcontractor at any tier) of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas; or
(iii) an employee of a contractor (or subcontractor at any tier) of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas;
(B) present or residing outside the United States in connection with such employment; and
(C) not a national of or ordinarily resident in the host nation.
(2) The term “accompanying the Armed Forces outside the United States” means—
(A) a dependent of—
(i) a member of the Armed Forces;
(ii) a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(iii) a Department of Defense contractor (including a subcontractor at any tier) or an employee of a Department of Defense contractor (including a subcontractor at any tier);
(B) residing with such member, civilian employee, contractor, or contractor employee outside the United States; and
(C) not a national of or ordinarily resident in the host nation.
(3) The term “Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10.
(4) The terms “Judge Advocate General” and “judge advocate” have the meanings given such terms in section 801 of title 10.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2491; amended Pub. L. 108–375, div. A, title X, § 1088, Oct. 28, 2004, 118 Stat. 2066.)
heading: Amendments
text: 2004—Par. (1)(A). Pub. L. 108–375 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “employed as a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department), as a Department of Defense contractor (including a subcontractor at any tier), or as an employee of a Department of Defense contractor (including a subcontractor at any tier);”.