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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 1 — General Provisions

§ 13. Laws of States adopted for areas within Federal jurisdiction

Statutory text

(a)

Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)
(1)

Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)
(A)

In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—

(i)

a minor (other than the offender) was present in the motor vehicle when the offense was committed; and

(ii)

the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B)

For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.

(c)

Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 13

    June 25, 1948, ch. 645, 62 Stat. 686

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 686

  2. Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 title VI § 6477(a) · 102 Stat. 4181

    1. Amended · 18 U.S.C. § 13

      Pub. L. 100–690 designated existing provisions as subsec. (a)

    2. Added · 18 U.S.C. § 13

      Pub. L. 100–690 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (a) Penalties for Operating a Motor Vehicle While Under the Influence of Drugs or Alcohol.— Section 13 of title 18, United States Code, is amended— (1) by inserting “(a)” before “Whoever”; and (2) by adding at the end the following: “(b) For purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.”.

  3. Drunk Driving Child Protection Act of 1994

    Pub. L. 103–322 title X § 100002 · 108 Stat. 1796

    1. Amended · 18 U.S.C. § 13(b)

      Pub. L. 103–322 designated existing provisions as par. (1)

    2. Substituted · 18 U.S.C. § 13(b)

      Pub. L. 103–322 substituted “Subject to paragraph (2) and for purposes” for “For purposes”

    3. Added · 18 U.S.C. § 13(b)

      Pub. L. 103–322 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–322 designated existing provisions as par. (1), substituted “Subject to paragraph (2) and for purposes” for “For purposes”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION. Section 13(b) of title 18, United States Code, is amended— (1) by striking “For purposes” and inserting “(1) Subject to paragraph (2) and for purposes”; and (2) by adding at the end the following new paragraph: “(2) (A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine of not more than $1,000, or both, if— “(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and “(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i). “(B) For the purposes of subparagraph (A), the term ‘minor’ means a person less than 18 years of age.”.

    Effective date note
    Pub. L. 104–294, title VI, § 604(d), Oct. 11, 1996, 110 Stat. 3509, provided that: “The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, section 802 of Title 21, Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [Sept. 13, 1994].”

  4. Pub. L. 104–132 § 901(b)(1) · 110 Stat. 1214

    Inserted · 18 U.S.C. § 13(a)

    Pub. L. 104–132, § 901(b)(1), inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “section 7 of this title,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–132, § 901(b)(1), inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “section 7 of this title,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting after “title,” the following: “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district”; and

  5. Pub. L. 104–132 § 901(b)(2) · 110 Stat. 1214

    Added · 18 U.S.C. § 13(c)

    Pub. L. 104–132, § 901(b)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–132, § 901(b)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.”.

  6. Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 604(b)(32) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 13(b)(2)(A)

    Pub. L. 104–294 substituted “under this title” for “of not more than $1,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 104–294 substituted “under this title” for “of not more than $1,000”.

    Enacted provision · exact public law section
    (32) Section 13(b)(2)(A) of title 18, United States Code, is amended by striking “of not more than $1,000” and inserting “under this title”.

    Effective date note
    Pub. L. 104–294, title VI, § 604(d), Oct. 11, 1996, 110 Stat. 3509, provided that: “The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, section 802 of Title 21, Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [Sept. 13, 1994].”

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 468 (Mar. 4, 1909, ch. 321, § 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152; June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54 Stat. 234).

Act , § 289 used the words “now in force” when referring to the laws of any State, organized Territory or district, to be considered in force.

As amended on , the words “by the laws thereof in force on , and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal,” were used.

The amendment of , extended the date to “,” and the amendment of , extended the date to “”.

The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma amendments of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States.

The word “Possession” was inserted to clarify scope of section.

Minor changes were made in phraseology.

Editorial Notes

Amendments1988–1996 · 3 rounds

1996

Subsec. (a). Pub. L. 104–132, § 901(b)(1), inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “section 7 of this title,”.

Subsec. (b)(2)(A). Pub. L. 104–294 substituted “under this title” for “of not more than $1,000”.

Subsec. (c). Pub. L. 104–132, § 901(b)(2), added subsec. (c).

1994

Subsec. (b). Pub. L. 103–322 designated existing provisions as par. (1), substituted “Subject to paragraph (2) and for purposes” for “For purposes”, and added par. (2).

1988

Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–294, title VI, § 604(d), , 110 Stat. 3509, provided that: “The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, section 802 of Title 21, Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [].”

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Credits

1948–1996 · 5 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 686
  2. 1988Pub. L. 100–690, title VI, § 6477(a), , 102 Stat. 4381
  3. 1994Pub. L. 103–322, title X, § 100002, , 108 Stat. 1996
  4. 1996Pub. L. 104–132, title IX, § 901(b), , 110 Stat. 1317
  5. 1996Pub. L. 104–294, title VI, § 604(b)(32), , 110 Stat. 3508.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 100–690, title VI, § 6477(a), , 102 Stat. 4381; Pub. L. 103–322, title X, § 100002, , 108 Stat. 1996; Pub. L. 104–132, title IX, § 901(b), , 110 Stat. 1317; Pub. L. 104–294, title VI, § 604(b)(32), , 110 Stat. 3508.)

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