Legislación
US (United States) Code. Title 18. Chapter 211: Jurisdiction and venue
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18 USC CHAPTER 211 - JURISDICTION AND VENUE 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
.
-HEAD-
CHAPTER 211 - JURISDICTION AND VENUE
-MISC1-
Sec.
3231. District courts.
3232. District of offense - Rule.
3233. Transfer within district - Rule.
3234. Change of venue to another district - Rule.
3235. Venue in capital cases.
3236. Murder or manslaughter.
3237. Offenses begun in one district and completed in another.
3238. Offenses not committed in any district.
3239. Optional venue for espionage and related offenses.
3240. Creation of new district or division.
3241. Jurisdiction of offenses under certain sections.
3242. Indians committing certain offenses; acts on reservations.
3243. Jurisdiction of State of Kansas over offenses committed by or
against Indians on Indian reservations.
3244. Jurisdiction of proceedings relating to transferred
offenders.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXII, Sec. 320909(b), Sept. 13,
1994, 108 Stat. 2127, added item 3239.
1984 - Pub. L. 98-473, title II, Sec. 1204(b), Oct. 12, 1984, 98
Stat. 2152, struck out item 3239 ''Threatening communications''.
1978 - Pub. L. 95-598, title III, Sec. 314(j)(2), Nov. 6, 1978,
92 Stat. 2678, added item 3244.
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18 USC Sec. 3231 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3231. District courts
-STATUTE-
The district courts of the United States shall have original
jurisdiction, exclusive of the courts of the States, of all
offenses against the laws of the United States.
Nothing in this title shall be held to take away or impair the
jurisdiction of the courts of the several States under the laws
thereof.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
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HISTORICAL AND REVISION NOTES
Based on section 588d of title 12, U.S.C., 1940 ed., Banks and
Banking; title 18, U.S.C., 1940 ed., Sec. 546, 547 (Mar. 4, 1909,
ch. 321, Sec. 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; May 18, 1934, ch. 304, Sec. 4, 48 Stat.
783).
This section was formed by combining sections 546 and 547 of
title 18, U.S.C., 1940 ed., with section 588d of title 12, U.S.C.,
Banks and Banking, with no change of substance.
The language of said section 588d of title 12, U.S.C., 1940 ed.,
which related to bank robbery, or killing or kidnapping as an
incident thereto (see section 2113, of this title), and which read
''Jurisdiction over any offense defined by sections 588b and 588c
of this title shall not be reserved exclusively to courts of the
United States'' was omitted as adequately covered by this section.
SENATE REVISION AMENDMENT
The text of this section was changed by Senate amendment. See
Senate Report No. 1620, amendment No. 10, 80th Cong.
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18 USC Sec. 3232 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3232. District of offense - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Proceedings to be in district and division in which offense
committed, Rule 18.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
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18 USC Sec. 3233 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3233. Transfer within district - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Arraignment, plea, trial, sentence in district of more than one
division, Rule 19.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-REFTEXT-
REFERENCES IN TEXT
Rule 19 of the Federal Rules of Criminal Procedure, referred to
in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
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18 USC Sec. 3234 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3234. Change of venue to another district - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Plea or disposal of case in district other than that in which
defendant was arrested, Rule 20.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
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18 USC Sec. 3235 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3235. Venue in capital cases
-STATUTE-
The trial of offenses punishable with death shall be had in the
county where the offense was committed, where that can be done
without great inconvenience.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
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HISTORICAL AND REVISION NOTES
Based on section 101 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 40, 36 Stat. 1100).
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18 USC Sec. 3236 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
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Sec. 3236. Murder or manslaughter
-STATUTE-
In all cases of murder or manslaughter, the offense shall be
deemed to have been committed at the place where the injury was
inflicted, or the poison administered or other means employed which
caused the death, without regard to the place where the death
occurs.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 553 (Mar. 4, 1909, ch.
321, Sec. 336, 35 Stat. 1152).
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18 USC Sec. 3237 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3237. Offenses begun in one district and completed in another
-STATUTE-
(a) Except as otherwise expressly provided by enactment of
Congress, any offense against the United States begun in one
district and completed in another, or committed in more than one
district, may be inquired of and prosecuted in any district in
which such offense was begun, continued, or completed.
Any offense involving the use of the mails, transportation in
interstate or foreign commerce, or the importation of an object or
person into the United States is a continuing offense and, except
as otherwise expressly provided by enactment of Congress, may be
inquired of and prosecuted in any district from, through, or into
which such commerce, mail matter, or imported object or person
moves.
(b) Notwithstanding subsection (a), where an offense is described
in section 7203 of the Internal Revenue Code of 1986, or where
venue for prosecution of an offense described in section 7201 or
7206(1), (2), or (5) of such Code (whether or not the offense is
also described in another provision of law) is based solely on a
mailing to the Internal Revenue Service, and prosecution is begun
in a judicial district other than the judicial district in which
the defendant resides, he may upon motion filed in the district in
which the prosecution is begun, elect to be tried in the district
in which he was residing at the time the alleged offense was
committed: Provided, That the motion is filed within twenty days
after arraignment of the defendant upon indictment or information.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85-595, Aug. 6,
1958, 72 Stat. 512; Pub. L. 89-713, Sec. 2, Nov. 2, 1966, 80 Stat.
1108; Pub. L. 98-369, div. A, title I, Sec. 162, July 18, 1984, 98
Stat. 697; Pub. L. 98-473, title II, Sec. 1204(a), Oct. 12, 1984,
98 Stat. 2152; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095.)
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HISTORICAL AND REVISION NOTES
Based on section 103 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 42, 36 Stat. 1100).
Section was completely rewritten to clarify legislative intent
and in order to omit special venue provisions from many sections.
The phrase ''committed in more than one district'' may be
comprehensive enough to include ''begun in one district and
completed in another'', but the use of both expressions precludes
any doubt as to legislative intent.
Rules 18-22 of the Federal Rules of Criminal Procedure are in
accord with this section.
The last paragraph of the revised section was added to meet the
situation created by the decision of the Supreme Court of the
United States in United States v. Johnson, 1944, 65 S. Ct. 249, 89
L. Ed. 236, which turned on the absence of a special venue
provision in the Dentures Act, section 1821 of this revision. The
revised section removes all doubt as to the venue of continuing
offenses and makes unnecessary special venue provisions except in
cases where Congress desires to restrict the prosecution of
offenses to particular districts as in section 1073 of this
revision.
-REFTEXT-
REFERENCES IN TEXT
Section 7203 of the Internal Revenue Code of 1986, referred to in
subsec. (b), is classified to section 7203 of Title 26, Internal
Revenue Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in
subsec. (b), are classified respectively to sections 7201 and
7206(1), (2), (5) of Title 26.
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AMENDMENTS
1986 - Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1984 - Subsec. (a). Pub. L. 98-473 inserted ''or the importation
of an object or person into the United States'' and '', or imported
object or person'' in second par.
Subsec. (b). Pub. L. 98-369 substituted ''venue for prosecution
of an offense'' for ''an offense involves use of the mails and is
an offense'' and inserted ''is based solely on a mailing to the
Internal Revenue Service''.
1966 - Subsec. (b). Pub. L. 89-713 inserted reference to offenses
described in section 7203 of the Internal Revenue Code of 1954.
1958 - Pub. L. 85-595 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-713 effective Nov. 2, 1966, see section 6
of Pub. L. 89-713, set out as a note under section 6091 of Title
26, Internal Revenue Code.
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18 USC Sec. 3238 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3238. Offenses not committed in any district
-STATUTE-
The trial of all offenses begun or committed upon the high seas,
or elsewhere out of the jurisdiction of any particular State or
district, shall be in the district in which the offender, or any
one of two or more joint offenders, is arrested or is first
brought; but if such offender or offenders are not so arrested or
brought into any district, an indictment or information may be
filed in the district of the last known residence of the offender
or of any one of two or more joint offenders, or if no such
residence is known the indictment or information may be filed in
the District of Columbia.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 88-27, May 23, 1963,
77 Stat. 48.)
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HISTORICAL AND REVISION NOTES
Based on section 102 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 41, 36 Stat. 1100).
Words ''begun or'' were inserted to clarify scope of this section
and section 3237 of this title.
This section is similar to section 219 of title 22, U.S.C., 1940
ed., Foreign Relations and Intercourse, providing in part that
unlawful issuance of passports may be prosecuted in the district
where the offender may be arrested or in custody. Said provision
is therefore omitted as covered by this section. The remaining
provisions of said section 219 are incorporated in section 1541 of
this title.
AMENDMENTS
1963 - Pub. L. 88-27 authorized the trial of offenses not
committed in any district in the district in which the offender, or
any one of two or more joint offenders, is arrested; an indictment
or information to be filed in the district of the last known
residence of the offender or of any one of two or more joint
offenders where the offender or offenders are not arrested or
brought into any district; and an indictment or information to be
filed in the District of Columbia where there is no knowledge of
the residence of the offender or of any one of two or more joint
offenders.
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18 USC Sec. 3239 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3239. Optional venue for espionage and related offenses
-STATUTE-
The trial for any offense involving a violation, begun or
committed upon the high seas or elsewhere out of the jurisdiction
of any particular State or district, of -
(1) section 793, 794, 798, or section 1030(a)(1) of this title;
(2) section 601 of the National Security Act of 1947 (50 U.S.C.
421); or
(3) section 4(b) or 4(c) of the Subversive Activities Control
Act of 1950 (50 U.S.C. 783(b) or (c));
may be in the District of Columbia or in any other district
authorized by law.
-SOURCE-
(Added Pub. L. 103-322, title XXXII, Sec. 320909(a), Sept. 13,
1994, 108 Stat. 2127.)
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PRIOR PROVISIONS
A prior section 3239, act June 25, 1948, ch. 645, 62 Stat. 827,
related to threatening communications, prior to repeal by Pub. L.
98-473, title II, Sec. 1204(b), Oct. 12, 1984, 98 Stat. 2152.
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18 USC Sec. 3240 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3240. Creation of new district or division
-STATUTE-
Whenever any new district or division is established, or any
county or territory is transferred from one district or division to
another district or division, prosecutions for offenses committed
within such district, division, county, or territory prior to such
transfer, shall be commenced and proceeded with the same as if such
new district or division had not been created, or such county or
territory had not been transferred, unless the court, upon the
application of the defendant, shall order the case to be removed to
the new district or division for trial.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, Sec.
50, 63 Stat. 96.)
-MISC1-
HISTORICAL AND REVISION NOTES
1948 ACT
Based on section 121 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 59, 36 Stat. 1103).
Section 121 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary, was divided into two sections. Only the portion
relating to venue in civil cases was left in title 28, U.S.C., 1940
ed., Judicial Code and Judiciary.
Minor changes of phraseology were made.
1949 ACT
This section (section 50) strikes the second sentence of section
3240 of title 18, U.S.C., as unnecessary. Section ''119'' of title
28, U.S.C., referred to in such sentence, became section 1404 of
title 28 upon its revision and enactment into positive law in 1948,
but reference to the latter, in said section 3240 of title 18,
U.S.C., is surplusage in view of rule 19 et seq. of the Federal
Rules of Criminal Procedure and the remainder of such section 3240.
AMENDMENTS
1949 - Act May 24, 1949, struck out ''The transfer of such
prosecutions shall be made in the manner provided in section 119 of
Title 28''.
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18 USC Sec. 3241 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3241. Jurisdiction of offenses under certain sections
-STATUTE-
The District Court of the Virgin Islands shall have jurisdiction
of offenses under the laws of the United States, not locally
inapplicable, committed within the territorial jurisdiction of such
courts, and jurisdiction, concurrently with the district courts of
the United States, of offenses against the laws of the United
States committed upon the high seas.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 827; Pub. L. 85-508, Sec. 12(i),
July 7, 1958, 72 Stat. 348; Pub. L. 107-273, div. B, title IV,
Sec. 4004(e), Nov. 2, 2002, 116 Stat. 1812.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 39, 574; sections 23,
101, 1406 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions; section 39 of title 50, U.S.C., 1940 ed., War and
National Defense (June 6, 1900, ch. 786, Sec. 4, 31 Stat. 322; Aug.
24, 1912, ch. 387, Sec. 3, 37 Stat. 512; June 15, 1917, ch. 30,
title XIII, Sec. 2, 40 Stat. 231; Mar. 2, 1921, ch. 110, 41 Stat.
1203; June 22, 1936, ch. 699, Sec. 28, 49 Stat. 1814).
Section consolidates portions of sections 39 and 574 of title 18,
U.S.C., 1940 ed., with jurisdictional provisions of sections 23,
101, and 1406 of title 48, U.S.C., 1940 ed., and section 39 of
title 50 U.S.C., 1940 ed., with changes of phraseology necessary to
effect consolidation.
The revised section simplifies and clarifies the Federal
jurisdiction of the district courts of the Territories and
Possessions. The enumeration of sections in section 574 of title
18, U.S.C., 1940 ed., was omitted as incomplete and misleading and
the general language of the revised section was made applicable to
the Canal Zone.
The phrase ''the several courts of the first instance in the
Philippine Islands'' in section 574 of title 18, U.S.C., 1940 ed.,
was omitted as obsolete in view of the independence of the
Commonwealth of the Philippines effective July 4, 1946.
The last sentence of section 574 of title 18, U.S.C., 1940 ed.,
with reference to the powers of district attorneys was omitted as
unnecessary and otherwise covered by sections 403 and 404 of title
22, U.S.C., 1940 ed., Foreign Relations and Intercourse.
Definition of United States in section 39 of title 18, U.S.C.,
1940 ed., is incorporated in section 5 of this title.
AMENDMENTS
2002 - Pub. L. 107-273 struck out ''United States District Court
for the Canal Zone and the'' after ''The''.
1958 - Pub. L. 85-508 struck out provisions which related to the
District Court for the Territory of Alaska. See section 81A of
Title 28, Judiciary and Judicial Procedure, which establishes a
United States District Court for the State of Alaska.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission
of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,
24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Pub. L. 85-508, see notes set out under section 81A of Title 28,
Judiciary and Judicial Procedure, and preceding former section 21
of Title 48, Territories and Insular Possessions.
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18 USC Sec. 3242 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3242. Indians committing certain offenses; acts on
reservations
-STATUTE-
All Indians committing any offense listed in the first paragraph
of and punishable under section 1153 (relating to offenses
committed within Indian country) of this title shall be tried in
the same courts and in the same manner as are all other persons
committing such offense within the exclusive jurisdiction of the
United States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, Sec.
51, 63 Stat. 96; Pub. L. 89-707, Sec. 2, Nov. 2, 1966, 80 Stat.
1101; Pub. L. 94-297, Sec. 4, May 29, 1976, 90 Stat. 586.)
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HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Sec. 548 (Mar. 4, 1909, ch.
321, Sec. 328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337).
The provisions defining rape in accordance with the law of the
State and prescribing imprisonment at the discretion of the court
for rape by an Indian upon an Indian are now included in section
1153 of this title. (See also section 6 of this title.)
Section 549 of said title 18, relating to crimes in Indian
reservations in South Dakota, was omitted as covered by section
1153 of this title. Accordingly the last sentence of said section
548, extending this section to prosecutions of Indians in South
Dakota, was also omitted as unnecessary because this section is
sufficient and applicable. Other provisions of said section 548
are incorporated in sections 1151 and 1153 of this title.
Minor changes were made in phraseology.
1949 ACT
This section (section 51) conforms section 3242 of title 18,
U.S.C., with sections 1151 and 1153 of such title, thus eliminating
inconsistency and ambiguity with respect to the definition of
Indian country.
AMENDMENTS
1976 - Pub. L. 94-297 substituted provision setting out reference
to offenses listed in first paragraph of and punishable under
section 1153 of this title, for provision specifically enumerating
the covered offenses.
1966 - Pub. L. 89-707 added carnal knowledge and assault with
intent to commit rape as offenses cognizable within the exclusive
jurisdiction of the United States when committed on and within the
Indian country.
1949 - Act May 24, 1949, substituted ''within the Indian
country'' for ''within any Indian reservation, including
rights-of-way running through the reservation,''.
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18 USC Sec. 3243 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3243. Jurisdiction of State of Kansas over offenses committed
by or against Indians on Indian reservations
-STATUTE-
Jurisdiction is conferred on the State of Kansas over offenses
committed by or against Indians on Indian reservations, including
trust or restricted allotments, within the State of Kansas, to the
same extent as its courts have jurisdiction over offenses committed
elsewhere within the State in accordance with the laws of the
State.
This section shall not deprive the courts of the United States of
jurisdiction over offenses defined by the laws of the United States
committed by or against Indians on Indian reservations.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 827.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 217a of title 25, U.S.C., 1940 ed., Indians
(June 8, 1940, ch. 276, 54 Stat. 249).
The attention of Congress is directed to consideration of the
question whether this section should be broadened and made
applicable to all states rather than only to Kansas. Such change
was not regarded as within the scope of this revision.
Changes were made in phraseology.
-CITE-
18 USC Sec. 3244 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3244. Jurisdiction of proceedings relating to transferred
offenders
-STATUTE-
When a treaty is in effect between the United States and a
foreign country providing for the transfer of convicted offenders -
(1) the country in which the offender was convicted shall have
exclusive jurisdiction and competence over proceedings seeking to
challenge, modify, or set aside convictions or sentences handed
down by a court of such country;
(2) all proceedings instituted by or on behalf of an offender
transferred from the United States to a foreign country seeking
to challenge, modify, or set aside the conviction or sentence
upon which the transfer was based shall be brought in the court
which would have jurisdiction and competence if the offender had
not been transferred;
(3) all proceedings instituted by or on behalf of an offender
transferred to the United States pertaining to the manner of
execution in the United States of the sentence imposed by a
foreign court shall be brought in the United States district
court for the district in which the offender is confined or in
which supervision is exercised and shall name the Attorney
General and the official having immediate custody or exercising
immediate supervision of the offender as respondents. The
Attorney General shall defend against such proceedings;
(4) all proceedings instituted by or on behalf of an offender
seeking to challenge the validity or legality of the offender's
transfer from the United States shall be brought in the United
States district court of the district in which the proceedings to
determine the validity of the offender's consent were held and
shall name the Attorney General as respondent; and
(5) all proceedings instituted by or on behalf of an offender
seeking to challenge the validity or legality of the offender's
transfer to the United States shall be brought in the United
States district court of the district in which the offender is
confined or of the district in which supervision is exercised and
shall name the Attorney General and the official having immediate
custody or exercising immediate supervision of the offender as
respondents. The Attorney General shall defend against such
proceedings.
-SOURCE-
(Added Pub. L. 95-144, Sec. 3, Oct. 28, 1977, 91 Stat. 1220, title
28, Sec. 2256; renumbered Pub. L. 95-598, title III, Sec.
314(j)(1), Nov. 6, 1978, 92 Stat. 2677.)
-COD-
CODIFICATION
Section was formerly classified to section 2256 of Title 28,
Judiciary and Judicial Procedure.
-MISC3-
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
et seq.), or section 2516, 3057, or 3284 of this title to any act
of any person (1) committed before Oct. 1, 1979, or (2) committed
after Oct. 1, 1979, in connection with a case commenced before such
date, see section 403(d) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.
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Idioma: | inglés |
País: | Estados Unidos |