Title 48 — Territories and Insular Possessions
Chapter 15 — Conveyance of Submerged Lands to Territories
§ 1704. Concurrent jurisdiction; exceptions for national defense purposes
Statutory text
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.
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.
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. 339Enacted 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.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
- 1963Pub. L. 88–183, § 4, , 77 Stat. 339
- 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.)