§ 13. Laws of States adopted for areas within Federal jurisdiction
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(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.
(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.
(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, § 6477(a), Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103–322, title X, § 100002, Sept. 13, 1994, 108 Stat. 1996; Pub. L. 104–132, title IX, § 901(b), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 104–294, title VI, § 604(b)(32), Oct. 11, 1996, 110 Stat. 3508.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 468 (Mar. 4, 1909, ch. 321, § 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, § 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.
Connections91 cite this · traces to 4
Cited by 91 sections · top 60
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- § 112Protection of foreign officials, official guests, and internationally protected persons
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- § 542Entry of goods by means of false statements
- § 245Federally protected activities
- § 1112Manslaughter
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- § 351Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties
- § 1014Loan and credit applications generally; renewals and discounts; crop insurance
- § 3013Special assessment on convicted persons
- § 2311Definitions
- § 242Deprivation of rights under color of law
- § 2512Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
- § 704Military medals or decorations
- § 511Altering or removing motor vehicle identification numbers
- § 5037Dispositional hearing
- § 794Gathering or delivering defense information to aid foreign government
- § 1169Reporting of child abuse
- § 544Relanding of goods
- § 2339AProviding material support to terrorists
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CFR
26 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 686
- Pub. L. 100–690, title VI, § 6477(a)
- 102 Stat. 4381
- Pub. L. 103–322, title X, § 100002
- 108 Stat. 1996
- Pub. L. 104–132, title IX, § 901(b)
- 110 Stat. 1317
- Pub. L. 104–294, title VI, § 604(b)(32)
- 110 Stat. 3508
- Mar. 4, 1909, ch. 321, § 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
- Pub. L. 104–132, § 901(b)(1)
- Pub. L. 104–294
- Pub. L. 104–132, § 901(b)(2)
- Pub. L. 103–322
- Pub. L. 100–690
- Pub. L. 104–294, title VI, § 604(d)
- 110 Stat. 3509
- Public Law 103–322
Citation graph
cites case law
§ 13
Laws of States adopted for areas within Federal jurisdiction
U.S.C.×48
Fed. Reg.×30
C.F.R.×10
Bills×2
Stat.×1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 686
Pub. L.Pub. L. 100–690, title VI, § 6477(a)
Stat.102 Stat. 4381
Pub. L.Pub. L. 103–322, title X, § 100002
Cites 30 · showing 9Cited by 91 across 5 sources