U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 212— MILITARY EXTRATERRITORIAL JURISDICTION

18 U.S.C. § 3261

Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States

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(a) Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—(1) while employed by or accompanying the Armed Forces outside the United States; or(2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),shall be punished as provided for that offense.(b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.(c) Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.(d) No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—(1) such member ceases to be subject to such chapter; or(2) an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2488.)Statutory Notes and Related SubsidiariesShort Title of 2000 Amendment

Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”

Notes of Decisions
Cited in 53 cases (17 in the last 5 years), 2003–2026 · leading case: United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017).
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United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017). · cites it 22× “4 For the following reasons, we hold that the Court has jurisdiction pursuant to the Military Extraterritorial Jurisdiction Act (“MEJA”), 18 U.S.C. §§ 3261 et seq., and that venue in the District of Columbia was proper.”
United States v. Steven Green, 654 F.3d 637 (6th Cir. 2011). · cites it 13× “2 We refer to the Military Extraterritorial Jurisdiction Act, 18 U.S.C. § 3261 , as MEJA. Nos. 09-6108/6123 United States v.”
United States v. Rico Williams, 836 F.3d 1 (D.C. Cir. 2016). · cites it 4× “See 18 U.S.C. § 3261 et seq. The two other counts charged that Williams had tampered with witnesses in violation of 18 U.”
Donald Vance v. Donald Rumsfeld, 701 F.3d 193 (7th Cir. 2012). · cites it 4× “, 18 U.S.C. §3261 and §3267(1)(A)(iii), parts of the Military Extraterritorial Jurisdiction Act discussed in United States v.”
Ramchandra Adhikari v. Daoud & Partners, et, 845 F.3d 184 (5th Cir. 2017). · cites it 4× “See 18 U.S.C. § 3261 . However, despite these pre-existing criminal prohibitions, § 1596 exposed a TVPRA defendant to civil claims brought by private parties.”
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). · cites it 3× “2488 (codified at 18 U.S.C. § 3261 ) (MEJA). Congress used MEJA to create a new federal criminal offense involving conduct engaged in “outside the United States” that would otherwise constitute a felony if the conduct had been engaged in “within the special maritime and…”
United States v. Ali, 71 M.J. 256 (C.A.A.F. 2012). · cites it 3× “Prosecutions in the Article III courts According to the Department of Justice: The Military Extraterritorial Jurisdiction Act [MEJA], 18 U.S.C. § 3261 , et seq., is the principal Federal statute used to prosecute certain U.”
Al Shimari v. CACI Int'l, Inc., 679 F.3d 205 (4th Cir. 2012). · cites it 3× “" 18 U.S.C. § 3261 (a)(1). Unlike the application of state tort law, these procedures for holding contractors accountable were approved by Congress.”
United States v. Ricky Sherwood, 850 F.3d 391 (8th Cir. 2017). · cites it 2× “Sherwood was indicted in the District of Minnesota, which had jurisdiction under the Military Extraterritorial Jurisdiction Act, 18 U.S.C. §§ 3261 et seq, and pleaded guilty to sexual abuse in violation of 18 U.”
United States v. Sean Brehm, 691 F.3d 547 (4th Cir. 2012). · cites it 2× “18 U.S.C. § 3261 (a). MEJA defines persons “employed by the Armed Forces outside the United States” to include employees of contractors or subcontractors of the Department of Defense (“DOD”).”
United States v. Williams, 825 F. Supp. 2d 117 (D.D.C. 2011). · cites it 3× “18 U.S.C. § 3261 et seq. As the Court instructed the jury, in order for Mr.”
United States v. Under Seal, 709 F.3d 257 (4th Cir. 2013). “Jurisdiction was properly based on 18 U.S.C. § 3261 (a) because Appellant was "ac *260 companying” a member of the Armed Forces outside the United States.”
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