| 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)
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