[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC13]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 1--GENERAL PROVISIONS
Sec. 13. Laws of States adopted for areas within Federal
jurisdiction
(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 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
