§ 3261. — Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside 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: 18USC3261]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
Sec. 3261. Criminal offenses committed by certain members of the
Armed Forces and by persons employed by or accompanying the
Armed Forces outside the United States
(a) Whoever engages in conduct outside the United States that would
constitute an offense punishable by imprisonment for more than 1 year if
the conduct had been engaged in within the special maritime and
territorial jurisdiction of the United States--
(1) while employed by or accompanying the Armed Forces outside
the United States; or
(2) while a member of the Armed Forces subject to chapter 47 of
title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
(c) Nothing in this chapter may be construed to deprive a court-
martial, military commission, provost court, or other military tribunal
of concurrent jurisdiction with respect to offenders or offenses that by
statute or by the law of war may be tried by a court-martial, military
commission, provost court, or other military tribunal.
(d) No prosecution may be commenced against a member of the Armed
Forces subject to chapter 47 of title 10 (the Uniform Code of Military
Justice) under this section unless--
(1) such member ceases to be subject to such chapter; or
(2) an indictment or information charges that the member
committed the offense with one or more other defendants, at least
one of whom is not subject to such chapter.
(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2488.)
Short Title of 2000 Amendment
Pub. L. 106-523, Sec. 1, Nov. 22, 2000, 114 Stat. 2488, provided
that: ``This Act [enacting this chapter] may be cited as the `Military
Extraterritorial Jurisdiction Act of 2000'.''
Section Referred to in Other Sections
This section is referred to in sections 7, 3262, 3263, 3264, 3265 of
this title.
