CITE

    18 USC Sec. 3261                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

HEAD

    Sec. 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

STATUTE

      (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.

SOURCE

    (Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2488.)

MISCELLANEOUS

                       SHORT TITLE OF 2000 AMENDMENT
      Pub. L. 106-523, Sec. 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'."
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