18 U.S.C. § 959
Enlistment in foreign service
Based on title 18, U.S.C., 1940 ed., §§ 22, 30 (Mar. 4, 1909, ch. 321, §§ 10, 18, 35 Stat. 1089, 1091; May 7, 1917, ch. 11, 40 Stat. 39).
Section consolidates said sections of title 18, U.S.C., 1940 ed. Last sentence of section 30 of title 18, U.S.C., 1940 ed., relating to piracy and treason, was omitted as unnecessary.
Words “within the United States” were substituted for “within the jurisdiction” etc., in view of the definition of United States in section 5 of this title.
References in subsection (c) to sections 960 and 961 of this title are to the only other sections to which the subsection can apply.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
Notes of Decisions
Cited in 7
cases, 1957–2017 · leading case: Schware v. Bd. of Bar Examiners of NM, 353 U.S. 232 (1957).
Schware v. Bd. of Bar Examiners of NM, 353 U.S. 232 (1957). “39 , now 18 U. S. C. § 959 (a). [10] See Kiker, J.”
United States v. Apodaca, 275 F. Supp. 3d 123 (D.D.C. 2017). “” 18 U.S.C. § 959 (d). Accordingly, because the predicate offense has extraterritorial reach, § 924(e) also applies extraterritorially in this case.”
United States v. Khan, 309 F. Supp. 2d 789 (E.D. Va. 2004). “The predicate offenses designated in the government’s bill of particulars include conspiracy to violate the Neutrality Act, conspiracy to provide material support to LET, conspiracy to provide services to the Taliban, and conspiracy under 18 U.S.C. § 959 . For the reasons…”
Dellums v. Smith, 577 F. Supp. 1449 (N.D. Cal. 1984). “This memorandum deals primarily with another statute that was part of the Neutrality Act, 18 U.S.C. § 959 (a), and concludes that that provision is not violated when CIA agents serve as troops in the employ of a foreign military service.”
United States v. Rodriguez, 841 F. Supp. 79 (E.D.N.Y 1994). “See 18 U.S.C. § 959 (c) (1976) (prohibiting enlistment in foreign service except by citizens of foreign countries who are transiently within the United States and who enlist or enter on board a vessel of war “which at the time of its arrival within the United States was fitted…”
Mendelsohn v. Meese, 695 F. Supp. 1474 (S.D.N.Y. 1988). “But Congress may force an American citizen to choose between the full panoply of protections offered by the Constitution and voluntarily taking on an official role in the operations of a foreign power.”
Application of the Neutrality Act to Off. Gov't Activities (OLC 1984). “Section 2, 18 U.S.C. § 959 , provides in pertinent part:10 (a) Whoever, within the United States, enlists or enters him self, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in…”
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