18 U.S.C. § 2290

Jurisdiction and scope

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(a)Jurisdiction.—There is jurisdiction, including extraterritorial jurisdiction, over an offense under this chapter if the prohibited activity takes place—(1) within the United States and within waters subject to the jurisdiction of the United States; or(2) outside United States and—(A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 11 So in original. There probably should be an additional closing parenthesis.(B) the activity involves a vessel in which a national of the United States was on board; or(C) the activity involves a vessel of the United States (as that term is defined under section 2 22 See References in Text note below. of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).¹(b)Scope.—Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.(Added Pub. L. 109–177, title III, § 306(a), Mar. 9, 2006, 120 Stat. 237.)Editorial NotesReferences in Text

Section 2 of the Maritime Drug Law Enforcement Act, referred to in subsec. (a)(2)(C), probably means section 3 of the Maritime Drug Law Enforcement Act, Pub. L. 96–350, which was classified to section 1903 of former Title 46, Appendix, Shipping, and was repealed and restated in sections 70502 to 70506 of Title 46, Shipping, by Pub. L. 109–304, §§ 10(2), 19, Oct. 6, 2006, 120 Stat. 1683, 1710. Section 70502(b) of Title 46 defines “vessel of the United States”.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: United States v. Barner

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United States v. Barner (2009) nynd “York and Indiana have not yet implemented the law; (2) to punish defendant for a law that did not yet apply to him would violate the Ex Post Facto Clause of the United States Constitution; (3) to punish defendant for violating a law with which he was unable to comply would…”

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