Notes on 18 U.S.C. § 13 : US Code - Notes

Search Notes on 18 U.S.C. § 13 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 100-690, title VI,
Sec. 6477(a), Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103-322, title
X, Sec. 100002, Sept. 13, 1994, 108 Stat. 1996; Pub. L. 104-132,
title IX, Sec. 901(b), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 104-
294, title VI, Sec. 604(b)(32), Oct. 11, 1996, 110 Stat. 3508.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 468 (Mar. 4, 1909, ch.
321, Sec. 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152;
June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54
Stat. 234).
Act March 4, 1909, Sec. 289 used the words "now in force" when
referring to the laws of any State, organized Territory or
district, to be considered in force.
As amended on June 15, 1933, the words "by the laws thereof in
force on June 1, 1933, and remaining in force at the time of the
doing or omitting the doing of such act or thing, would be penal,"
were used.
The amendment of June 20, 1935, extended the date to "April 1,
1935," and the amendment of June 6, 1940, extended the date to
"February 1, 1940".
The revised section omits the specification of any date as
unnecessary in a revision, which speaks from the date of its
enactment. Such omission will not only make effective within
Federal reservations, the local State laws in force on the date of
the enactment of the revision, but will authorize the Federal
courts to apply the same measuring stick to such offenses as is
applied in the adjoining State under future changes of the State
law and will make unnecessary periodic pro forma amendments of this
section to keep abreast of changes of local laws. In other words,
the revised section makes applicable to offenses committed on such
reservations, the law of the place that would govern if the
reservation had not been ceded to the United States.
The word "Possession" was inserted to clarify scope of section.
Minor changes were made in phraseology.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-132, Sec. 901(b)(1), inserted "or
on, above, or below any portion of the territorial sea of the
United States not within the jurisdiction of any State,
Commonwealth, territory, possession, or district" after "section 7
of this title,".
Subsec. (b)(2)(A). Pub. L. 104-294 substituted "under this title"
for "of not more than $1,000".
Subsec. (c). Pub. L. 104-132, Sec. 901(b)(2), added subsec. (c).
1994 - Subsec. (b). Pub. L. 103-322 designated existing
provisions as par. (1), substituted "Subject to paragraph (2) and
for purposes" for "For purposes", and added par. (2).
1988 - Pub. L. 100-690 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 604(d) of Pub. L. 104-294 provided that: "The amendments
made by this section [amending this section, sections 36, 112, 113,
241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014,
1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311,
2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of
this title, section 802 of Title 21, Food and Drugs, sections 540A
and 991 of Title 28, Judiciary and Judicial Procedure, and sections
3631, 5633, 10604, and 14011 of Title 42, The Public Health and
Welfare, and amending provisions set out as notes under sections
1001, 1169, and 2325 of this title and section 994 of Title 28]
shall take effect on the date of enactment of Public Law 103-322
[Sept. 13, 1994]."
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.