§ 7. — Special maritime and territorial jurisdiction of the United States defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC7]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 1--GENERAL PROVISIONS
Sec. 7. Special maritime and territorial jurisdiction of the
United States defined
The term ``special maritime and territorial jurisdiction of the
United States'', as used in this title, includes:
(1) The high seas, any other waters within the admiralty and
maritime jurisdiction of the United States and out of the
jurisdiction of any particular State, and any vessel belonging in
whole or in part to the United States or any citizen thereof, or to
any corporation created by or under the laws of the United States,
or of any State, Territory, District, or possession thereof, when
such vessel is within the admiralty and maritime jurisdiction of the
United States and out of the jurisdiction of any particular State.
(2) Any vessel registered, licensed, or enrolled under the laws
of the United States, and being on a voyage upon the waters of any
of the Great Lakes, or any of the waters connecting them, or upon
the Saint Lawrence River where the same constitutes the
International Boundary Line.
(3) Any lands reserved or acquired for the use of the United
States, and under the exclusive or concurrent jurisdiction thereof,
or any place purchased or otherwise acquired by the United States by
consent of the legislature of the State in which the same shall be,
for the erection of a fort, magazine, arsenal, dockyard, or other
needful building.
(4) Any island, rock, or key containing deposits of guano, which
may, at the discretion of the President, be considered as
appertaining to the United States.
(5) Any aircraft belonging in whole or in part to the United
States, or any citizen thereof, or to any corporation created by or
under the laws of the United States, or any State, Territory,
district, or possession thereof, while such aircraft is in flight
over the high seas, or over any other waters within the admiralty
and maritime jurisdiction of the United States and out of the
jurisdiction of any particular State.
(6) Any vehicle used or designed for flight or navigation in
space and on the registry of the United States pursuant to the
Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon and Other
Celestial Bodies and the Convention on Registration of Objects
Launched into Outer Space, while that vehicle is in flight, which is
from the moment when all external doors are closed on Earth
following embarkation until the moment when one such door is opened
on Earth for disembarkation or in the case of a forced landing,
until the competent authorities take over the responsibility for the
vehicle and for persons and property aboard.
(7) Any place outside the jurisdiction of any nation with
respect to an offense by or against a national of the United States.
(8) To the extent permitted by international law, any foreign
vessel during a voyage having a scheduled departure from or arrival
in the United States with respect to an offense committed by or
against a national of the United States.
(9) With respect to offenses committed by or against a national
of the United States as that term is used in section 101 of the
Immigration and Nationality Act--
(A) the premises of United States diplomatic, consular,
military or other United States Government missions or entities
in foreign States, including the buildings, parts of buildings,
and land appurtenant or ancillary thereto or used for purposes
of those missions or entities, irrespective of ownership; and
(B) residences in foreign States and the land appurtenant or
ancillary thereto, irrespective of ownership, used for purposes
of those missions or entities or used by United States personnel
assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or
international agreement with which this paragraph conflicts. This
paragraph does not apply with respect to an offense committed by a
person described in section 3261(a) of this title.
(June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat.
589; Pub. L. 97-96, Sec. 6, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 98-
473, title II, Sec. 1210, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 103-322,
title XII, Sec. 120002, Sept. 13, 1994, 108 Stat. 2021; Pub. L. 107-56,
title VIII, Sec. 804, Oct. 26, 2001, 115 Stat. 377.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 451 (Mar. 4, 1909, ch.
321, Sec. 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304).
The words ``The term `special maritime and territorial jurisdiction
of the United States' as used in this title includes:'' were substituted
for the words ``The crimes and offenses defined in sections 451-468 of
this title shall be punished as herein prescribed.''
This section first appeared in the 1909 Criminal Code. It made it
possible to combine in one chapter all the penal provisions covering
acts within the admiralty and maritime jurisdiction without the
necessity of repeating in each section the places covered.
The present section has made possible the allocation of the diverse
provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to particular
chapters restricted to particular offenses, as contemplated by the
alphabetical chapter arrangement.
In several revised sections of said chapter 11 the words ``within
the special maritime and territorial jurisdiction of the United States''
have been added. Thus the jurisdictional limitation will be preserved in
all sections of said chapter 11 describing an offense.
Enumeration of names of Great Lakes was omitted as unnecessary.
Other minor changes were necessary now that the section defines a
term rather than the place of commission of crime or offense; however,
the extent of the special jurisdiction as originally enacted has been
carefully followed.
References in Text
Section 101 of the Immigration and Nationality Act, referred to in
par. (9), is classified to section 1101 of Title 8, Aliens and
Nationality.
Amendments
2001--Par. (9). Pub. L. 107-56 added par. (9).
1994--Par. (8). Pub. L. 103-322 added par. (8).
1984--Par. (7). Pub. L. 98-473 added par. (7).
1981--Par. (6). Pub. L. 97-96 added par. (6).
1952--Par. (5). Act July 12, 1952, added par. (5).
Territorial Sea Extending to Twelve Miles Included in Special Maritime
and Territorial Jurisdiction
Pub. L. 104-132, title IX, Sec. 901(a), Apr. 24, 1996, 110 Stat.
1317, provided that: ``The Congress declares that all the territorial
sea of the United States, as defined by Presidential Proclamation 5928
of December 27, 1988 [set out as a note under section 1331 of Title 43,
Public Lands], for purposes of Federal criminal jurisdiction is part of
the United States, subject to its sovereignty, and is within the special
maritime and territorial jurisdiction of the United States for the
purposes of title 18, United States Code.''
Section Referred to in Other Sections
This section is referred to in sections 13, 112, 878, 1116, 1201,
2334, 2340 of this title; title 15 sections 1175, 1243, 1245; title 16
section 3372; title 48 sections 1912, 1934; title 49 section 46506.