§ 3238. — Offenses not committed in any district.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3238]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 211--JURISDICTION AND VENUE
Sec. 3238. Offenses not committed in any district
The trial of all offenses begun or committed upon the high seas, or
elsewhere out of the jurisdiction of any particular State or district,
shall be in the district in which the offender, or any one of two or
more joint offenders, is arrested or is first brought; but if such
offender or offenders are not so arrested or brought into any district,
an indictment or information may be filed in the district of the last
known residence of the offender or of any one of two or more joint
offenders, or if no such residence is known the indictment or
information may be filed in the District of Columbia.
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 88-27, May 23, 1963, 77
Stat. 48.)
Historical and Revision Notes
Based on section 102 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 41, 36 Stat. 1100).
Words ``begun or'' were inserted to clarify scope of this section
and section 3237 of this title.
This section is similar to section 219 of title 22, U.S.C., 1940
ed., Foreign Relations and Intercourse, providing in part that unlawful
issuance of passports may be prosecuted in the district where the
offender may be arrested or in custody. Said provision is therefore
omitted as covered by this section. The remaining provisions of said
section 219 are incorporated in section 1541 of this title.
Amendments
1963--Pub. L. 88-27 authorized the trial of offenses not committed
in any district in the district in which the offender, or any one of two
or more joint offenders, is arrested; an indictment or information to be
filed in the district of the last known residence of the offender or of
any one of two or more joint offenders where the offender or offenders
are not arrested or brought into any district; and an indictment or
information to be filed in the District of Columbia where there is no
knowledge of the residence of the offender or of any one of two or more
joint offenders.
