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Title 48 — Territories and Insular Possessions

Chapter 15 — Conveyance of Submerged Lands to Territories

§ 1704. Concurrent jurisdiction; exceptions for national defense purposes

Statutory text

(a)

Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts.

(b)

Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense.

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. 88–183 § 4 · 77 Stat. 338

    Enacted · 48 U.S.C. § 1704

    Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339

    Source evidence

    Code source credit
    Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339

    Enacted provision · exact public law section
    Sec. 4. (a) Except as otherwise provided in this section, the governments Concurrent jurisdiction. of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts. (b) Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the con-current jurisdiction of the government of Guam persons found, acts garformed, and offenses committed on the property of the United tates which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense.

  2. Pub. L. 99–396 § 3 · 100 Stat. 837

    Amended · 48 U.S.C. § 1704(a)

    Pub. L. 99–396 amended first sentence generally. Prior to amendment, first sentence read as follows: “Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–396 amended first sentence generally. Prior to amendment, first sentence read as follows: “Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa.”

    Enacted provision · exact public law section
    Sec. 3. The first sentence of section 4(a) of the Act of November 20, 48 USC 1704 Real property. 1963 (77 Stat. 339) is amended to read as follows: “(a) Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The criminal laws of the United States, referred to in subsec. (a), are classified generally to Title 18, Crimes and Criminal Procedure.

Amendments

1986—Subsec. (a). Pub. L. 99–396 amended first sentence generally. Prior to amendment, first sentence read as follows: “Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa.”

Credits

1963–1986 · 2 acts
  1. 1963Pub. L. 88–183, § 4, , 77 Stat. 339
  2. 1986Pub. L. 99–396, § 3, , 100 Stat. 839.
Show as published

(Pub. L. 88–183, § 4, , 77 Stat. 339; Pub. L. 99–396, § 3, , 100 Stat. 839.)

Parsed from the official OLRC USLM XML in data/usc_all/usc48.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t48/s1704