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republic-os/legal/us/code/title-18/chapter-212/section-3261.md
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Fabio 76b8ec33a7 Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

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

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---
type: "LegalText"
title: "18 U.S.C. § 3261"
description: "Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
chapter_number: "212"
chapter_name: "MILITARY EXTRATERRITORIAL JURISDICTION"
section: "3261"
citation: "18 U.S.C. § 3261"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
source_identifier: "/us/usc/t18/s3261"
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
source_hash: "bf1836a1c4a552427e4049614ed9cf0322cad967b36d0a65a5e8bbece7f173d1"
raw_snapshot_hash: "1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708"
text_hash: "a71bf9b10187be08ac7717083688727bb3555e1da3b8510be93746a12fed99fb"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 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.”