18 USC Sec. 13 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
Sec. 13. Laws of States adopted for areas within Federal
(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.
(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
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,"
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.
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