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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 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 us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 212 MILITARY EXTRATERRITORIAL JURISDICTION 3261 18 U.S.C. § 3261 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s3261 data/legal/raw/us/code/title-18/usc18.xml bf1836a1c4a552427e4049614ed9cf0322cad967b36d0a65a5e8bbece7f173d1 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 a71bf9b10187be08ac7717083688727bb3555e1da3b8510be93746a12fed99fb 2026-07-04 official
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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

Text

(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. 106523, § 2(a), Nov. 22, 2000, 114 Stat. 2488.)

Notes

Statutory Notes and Related Subsidiaries

Short Title of 2000 AmendmentPub. L. 106523, § 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.”