§ 959. — Enlistment in foreign service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC959]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 45--FOREIGN RELATIONS
Sec. 959. Enlistment in foreign service
(a) Whoever, within the United States, enlists or enters himself, or
hires or retains another to enlist or enter himself, or to go beyond the
jurisdiction of the United States with intent to be enlisted or entered
in the service of any foreign prince, state, colony, district, or people
as a soldier or as a marine or seaman on board any vessel of war, letter
of marque, or privateer, shall be fined under this title or imprisoned
not more than three years, or both.
(b) This section shall not apply to citizens or subjects of any
country engaged in war with a country with which the United States is at
war, unless such citizen or subject of such foreign country shall hire
or solicit a citizen of the United States to enlist or go beyond the
jurisdiction of the United States with intent to enlist or enter the
service of a foreign country. Enlistments under this subsection shall be
under regulations prescribed by the Secretary of the Army.
(c) This section and sections 960 and 961 of this title shall not
apply to any subject or citizen of any foreign prince, state, colony,
district, or people who is transiently within the United States and
enlists or enters himself on board any vessel of war, letter of marque,
or privateer, which at the time of its arrival within the United States
was fitted and equipped as such, or hires or retains another subject or
citizen of the same foreign prince, state, colony, district, or people
who is transiently within the United States to enlist or enter himself
to serve such foreign prince, state, colony, district, or people on
board such vessel of war, letter of marque, or privateer, if the United
States shall then be at peace with such foreign prince, state, colony,
district, or people.
(June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 22, 30 (Mar. 4, 1909, ch.
321, Secs. 10, 18, 35 Stat. 1089, 1091; May 7, 1917, ch. 11, 40 Stat.
39).
Section consolidates said sections of title 18, U.S.C., 1940 ed.
Last sentence of section 30 of title 18, U.S.C., 1940 ed., relating to
piracy and treason, was omitted as unnecessary.
Words ``within the United States'' were substituted for ``within the
jurisdiction'' etc., in view of the definition of United States in
section 5 of this title.
References in subsection (c) to sections 960 and 961 of this title
are to the only other sections to which the subsection can apply.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
Amendments
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $1,000''.
Section Referred to in Other Sections
This section is referred to in title 22 section 461.
