§ 3185. — Fugitives from country under control of United States into the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3185]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Sec. 3185. Fugitives from country under control of United States
into the United States
Whenever any foreign country or territory, or any part thereof, is
occupied by or under the control of the United States, any person who,
having violated the criminal laws in force therein by the commission of
any of the offenses enumerated below, departs or flees from justice
therein to the United States, shall, when found therein, be liable to
arrest and detention by the authorities of the United States, and on the
written request or requisition of the military governor or other chief
executive officer in control of such foreign country or territory shall
be returned and surrendered as hereinafter provided to such authorities
for trial under the laws in force in the place where such offense was
committed.
(1) Murder and assault with intent to commit murder;
(2) Counterfeiting or altering money, or uttering or bringing
into circulation counterfeit or altered money;
(3) Counterfeiting certificates or coupons of public
indebtedness, bank notes, or other instruments of public credit, and
the utterance or circulation of the same;
(4) Forgery or altering and uttering what is forged or altered;
(5) Embezzlement or criminal malversation of the public funds,
committed by public officers, employees, or depositaries;
(6) Larceny or embezzlement of an amount not less than $100 in
value;
(7) Robbery;
(8) Burglary, defined to be the breaking and entering by
nighttime into the house of another person with intent to commit a
felony therein;
(9) Breaking and entering the house or building of another,
whether in the day or nighttime, with the intent to commit a felony
therein;
(10) Entering, or breaking and entering the offices of the
Government and public authorities, or the offices of banks, banking
houses, savings banks, trust companies, insurance or other
companies, with the intent to commit a felony therein;
(11) Perjury or the subornation of perjury;
(12) A felony under chapter 109A of this title;
(13) Arson;
(14) Piracy by the law of nations;
(15) Murder, assault with intent to kill, and manslaughter,
committed on the high seas, on board a ship owned by or in control
of citizens or residents of such foreign country or territory and
not under the flag of the United States, or of some other
government;
(16) Malicious destruction of or attempt to destroy railways,
trams, vessels, bridges, dwellings, public edifices, or other
buildings, when the act endangers human life.
This chapter, so far as applicable, shall govern proceedings
authorized by this section. Such proceedings shall be had before a judge
of the courts of the United States only, who shall hold such person on
evidence establishing probable cause that he is guilty of the offense
charged.
No return or surrender shall be made of any person charged with the
commission of any offense of a political nature.
If so held, such person shall be returned and surrendered to the
authorities in control of such foreign country or territory on the order
of the Secretary of State of the United States, and such authorities
shall secure to such a person a fair and impartial trial.
(June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, Sec. 49,
63 Stat. 96; Pub. L. 99-646, Sec. 87(c)(6), Nov. 10, 1986, 100 Stat.
3623; Pub. L. 99-654, Sec. 3(a)(6), Nov. 14, 1986, 100 Stat. 3663.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 652 (R.S. Sec. 5270; June
6, 1900, ch. 793, 31 Stat. 656).
Reference to territory of the United States and the District of
Columbia was omitted as covered by definitive section 5 of this title.
Changes were made in phraseology and arrangement.
1949 Act
This section [section 49] corrects typographical errors in section
3185 of title 18, U.S.C., by transferring to subdivision (3) the words,
``indebtedness, bank notes, or other instruments of public'', from
subdivision (2) of such section where they had been erroneously
included.
Amendments
1986--Par. (12). Pub. L. 99-646 and Pub. L. 99-654 amended par. (12)
identically, substituting ``A felony under chapter 109A of this title''
for ``Rape''.
1949--Pars. (2), (3). Act May 24, 1949, transferred ``indebtedness,
bank notes, or other instruments of public'' from par. (2) to par. (3).
Effective Date of 1986 Amendments
Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,
respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14,
1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-
654, set out as an Effective Date note under section 2241 of this title.
Section Referred to in Other Sections
This section is referred to in section 3186 of this title.
