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CITE

    18 USC Sec. 7                                               01/05/2009

EXPCITE

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

HEAD

    Sec. 7. Special maritime and territorial jurisdiction of the United
      States defined

STATUTE

      The term "special maritime and territorial jurisdiction of the
    United States", as used in this title, includes:
        (1) The high seas, any other waters within the admiralty and
      maritime jurisdiction of the United States and out of the
      jurisdiction of any particular State, and any vessel belonging in
      whole or in part to the United States or any citizen thereof, or
      to any corporation created by or under the laws of the United
      States, or of any State, Territory, District, or possession
      thereof, when such vessel is within the admiralty and maritime
      jurisdiction of the United States and out of the jurisdiction of
      any particular State.
        (2) Any vessel registered, licensed, or enrolled under the laws
      of the United States, and being on a voyage upon the waters of
      any of the Great Lakes, or any of the waters connecting them, or
      upon the Saint Lawrence River where the same constitutes the
      International Boundary Line.
        (3) Any lands reserved or acquired for the use of the United
      States, and under the exclusive or concurrent jurisdiction
      thereof, or any place purchased or otherwise acquired by the
      United States by consent of the legislature of the State in which
      the same shall be, for the erection of a fort, magazine, arsenal,
      dockyard, or other needful building.
        (4) Any island, rock, or key containing deposits of guano,
      which may, at the discretion of the President, be considered as
      appertaining to the United States.
        (5) Any aircraft belonging in whole or in part to the United
      States, or any citizen thereof, or to any corporation created by
      or under the laws of the United States, or any State, Territory,
      district, or possession thereof, while such aircraft is in flight
      over the high seas, or over any other waters within the admiralty
      and maritime jurisdiction of the United States and out of the
      jurisdiction of any particular State.
        (6) Any vehicle used or designed for flight or navigation in
      space and on the registry of the United States pursuant to the
      Treaty on Principles Governing the Activities of States in the
      Exploration and Use of Outer Space, Including the Moon and Other
      Celestial Bodies and the Convention on Registration of Objects
      Launched into Outer Space, while that vehicle is in flight, which
      is from the moment when all external doors are closed on Earth
      following embarkation until the moment when one such door is
      opened on Earth for disembarkation or in the case of a forced
      landing, until the competent authorities take over the
      responsibility for the vehicle and for persons and property
      aboard.
        (7) Any place outside the jurisdiction of any nation with
      respect to an offense by or against a national of the United
      States.
        (8) To the extent permitted by international law, any foreign
      vessel during a voyage having a scheduled departure from or
      arrival in the United States with respect to an offense committed
      by or against a national of the United States.
        (9) With respect to offenses committed by or against a national
      of the United States as that term is used in section 101 of the
      Immigration and Nationality Act -
          (A) the premises of United States diplomatic, consular,
        military or other United States Government missions or entities
        in foreign States, including the buildings, parts of buildings,
        and land appurtenant or ancillary thereto or used for purposes
        of those missions or entities, irrespective of ownership; and
          (B) residences in foreign States and the land appurtenant or
        ancillary thereto, irrespective of ownership, used for purposes
        of those missions or entities or used by United States
        personnel assigned to those missions or entities.
      Nothing in this paragraph shall be deemed to supersede any treaty
      or international agreement with which this paragraph conflicts.
      This paragraph does not apply with respect to an offense
      committed by a person described in section 3261(a) of this title.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66
    Stat. 589; Pub. L. 97-96, Sec. 6, Dec. 21, 1981, 95 Stat. 1210;
    Pub. L. 98-473, title II, Sec. 1210, Oct. 12, 1984, 98 Stat. 2164;
    Pub. L. 103-322, title XII, Sec. 120002, Sept. 13, 1994, 108 Stat.
    2021; Pub. L. 107-56, title VIII, Sec. 804, Oct. 26, 2001, 115
    Stat. 377.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 451 (Mar. 4, 1909, ch.
    321, Sec. 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat.
    304).
      The words "The term 'special maritime and territorial
    jurisdiction of the United States' as used in this title includes:"
    were substituted for the words "The crimes and offenses defined in
    sections 451-468 of this title shall be punished as herein
    prescribed."
      This section first appeared in the 1909 Criminal Code. It made it
    possible to combine in one chapter all the penal provisions
    covering acts within the admiralty and maritime jurisdiction
    without the necessity of repeating in each section the places
    covered.
      The present section has made possible the allocation of the
    diverse provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to
    particular chapters restricted to particular offenses, as
    contemplated by the alphabetical chapter arrangement.
      In several revised sections of said chapter 11 the words "within
    the special maritime and territorial jurisdiction of the United
    States" have been added. Thus the jurisdictional limitation will be
    preserved in all sections of said chapter 11 describing an offense.
      Enumeration of names of Great Lakes was omitted as unnecessary.
      Other minor changes were necessary now that the section defines a
    term rather than the place of commission of crime or offense;
    however, the extent of the special jurisdiction as originally
    enacted has been carefully followed.

REFERENCES IN TEXT

      Section 101 of the Immigration and Nationality Act, referred to
    in par. (9), is classified to section 1101 of Title 8, Aliens and
    Nationality.

AMENDMENTS

      2001 - Par. (9). Pub. L. 107-56 added par. (9).
      1994 - Par. (8). Pub. L. 103-322 added par. (8).
      1984 - Par. (7). Pub. L. 98-473 added par. (7).
      1981 - Par. (6). Pub. L. 97-96 added par. (6).
      1952 - Par. (5). Act July 12, 1952, added par. (5).
       TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL
                   MARITIME AND TERRITORIAL JURISDICTION
      Pub. L. 104-132, title IX, Sec. 901(a), Apr. 24, 1996, 110 Stat.
    1317, provided that: "The Congress declares that all the
    territorial sea of the United States, as defined by Presidential
    Proclamation 5928 of December 27, 1988 [set out as a note under
    section 1331 of Title 43, Public Lands], for purposes of Federal
    criminal jurisdiction is part of the United States, subject to its
    sovereignty, and is within the special maritime and territorial
    jurisdiction of the United States for the purposes of title 18,
    United States Code."