Name | Value |
---|---|
NAME | ASSIMILATIVE CRIMES STATUTE |
STATUTE | 18 USC |
SECTION | 13 |
PRINT # | 50 |
CLASSIFICATION | ADMINISTRATIVE |
DEFINITION | Whoever within or upon any of the places now existing or hereafter a. The applicability of Section 13 of Title 18 (18 USC 13), or the Assimilative Crimes Statute, to law enforcement on VA property depends upon the type jurisdiction which the U.S. government exercises over the property on which the VA facility is located. The method of acquisition or the terms of agreement between the United States and the legislature of a state regarding the rights of the respective governments will result in one of three categories of Federal jurisdiction; exclusive, concurrent or proprietorial. As a general rule, where the U.S. government has only proprietorial reserved or acquired as provided in section 7 of this title, is jurisdiction the provisions of the Assimilative Crimes Statute are not applicable. b. U.S. Attorneys frequently invoke the Assimilative Crimes Statute (18 USC 13) in pursuing prosecution of crimes on Federal reservations in those instances where the crime committed is more clearly a violation of a specific state statute. Whenever the Assimiliative Crimes Statute is applied, the specific state statute must be cited along with the indication that it has been adopted as a Federal law in that instance. An example is a guilty of any act or omission which, although not made punishable violation of New Jersey Statute 2A-170.77.8, Possession of Dangerous Drugs. When adopted and applied as an offense committed on Federal property it is written as: "18 USC 13 NJ 2A-170-77.8 Possession of Dangerous Drugs" To all Federal law enforcement officers and justice authorities working in the state of New Jersey this criminal citation readily indicates that the state offense of dangerous drug possession has been adopted as a Federal law under the Federal by an enactment of Congress, would be punishable if committed or statute specifically established by the U.S. Congress. At a Federal reservation in the state of New Jersey where exclusive or concurrent jurisdiction is not possessed by the Federal government and where local (state) law enforcement authority prevails, the reference to 18 USC 13 is not necessary since the offender will be prosecuted through the state judicial process by local authorities. omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (Explanation of the Assimilative Crimes Statute and its Use) |