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CITE

    18 USC Sec. 13                                              01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 1 - GENERAL PROVISIONS

HEAD

    Sec. 13. Laws of States adopted for areas within Federal
      jurisdiction

STATUTE

      (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

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

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 468 (Mar. 4, 1909, ch.
    321, Sec. 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152;
    June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54
    Stat. 234).
      Act March 4, 1909, Sec. 289 used the words "now in force" when
    referring to the laws of any State, organized Territory or
    district, to be considered in force.
      As amended on June 15, 1933, the words "by the laws thereof in
    force on June 1, 1933, and remaining in force at the time of the
    doing or omitting the doing of such act or thing, would be penal,"
    were used.
      The amendment of June 20, 1935, extended the date to "April 1,
    1935," and the amendment of June 6, 1940, extended the date to
    "February 1, 1940".
      The revised section omits the specification of any date as
    unnecessary in a revision, which speaks from the date of its
    enactment. Such omission will not only make effective within
    Federal reservations, the local State laws in force on the date of
    the enactment of the revision, but will authorize the Federal
    courts to apply the same measuring stick to such offenses as is
    applied in the adjoining State under future changes of the State
    law and will make unnecessary periodic pro forma amendments of this
    section to keep abreast of changes of local laws. In other words,
    the revised section makes applicable to offenses committed on such
    reservations, the law of the place that would govern if the
    reservation had not been ceded to the United States.
      The word "Possession" was inserted to clarify scope of section.
      Minor changes were made in phraseology.
                                AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 901(b)(1), inserted "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" after "section 7
    of this title,".
      Subsec. (b)(2)(A). Pub. L. 104-294 substituted "under this title"
    for "of not more than $1,000".
      Subsec. (c). Pub. L. 104-132, Sec. 901(b)(2), added subsec. (c).
      1994 - Subsec. (b). Pub. L. 103-322 designated existing
    provisions as par. (1), substituted "Subject to paragraph (2) and
    for purposes" for "For purposes", and added par. (2).
      1988 - Pub. L. 100-690 designated existing provisions as subsec.
    (a) and added subsec. (b).
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 604(d) of Pub. L. 104-294 provided that: "The amendments
    made by this section [amending this section, sections 36, 112, 113,
    241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014,
    1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311,
    2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of
    this title, section 802 of Title 21, Food and Drugs, sections 540A
    and 991 of Title 28, Judiciary and Judicial Procedure, and sections
    3631, 5633, 10604, and 14011 of Title 42, The Public Health and
    Welfare, and amending provisions set out as notes under sections
    1001, 1169, and 2325 of this title and section 994 of Title 28]
    shall take effect on the date of enactment of Public Law 103-322
    [Sept. 13, 1994]."

TERRITORIAL SEA OF UNITED STATES

      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.
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