18 U.S.C. § 3240 — Creation of new district or division

Page 749 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3241 1 See References in Text note below. 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. § 3239. Optional venue for espionage and related offenses The trial for any offense involving a violation, begun or committed upon the high seas or else- where 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); 1 or (3) section 4(b) or 4(c) of the Subversive Ac- tivities 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. (Added Pub. L. 103–322, title XXXII, § 320909(a), Sept. 13, 1994, 108 Stat. 2127.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in par. (2), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to edi- torial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 601 of this Act is now classified to sec- tion 3121 of Title 50. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section 3239, act June 25, 1948, ch. 645, 62 Stat. 827, related to threatening communications, prior to re- peal by Pub. L. 98–473, title II, § 1204(b), Oct. 12, 1984, 98 Stat. 2152. § 3240. Creation of new district or division Whenever any new district or division is estab- lished, 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 terri- tory prior to such transfer, shall be commenced and proceeded with the same as if such new dis- trict or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the de- fendant, shall order the case to be removed to the new district or division for trial. (June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 50, 63 Stat. 96.) HISTORICAL AND REVISION NOTES 1948 ACT Based on section 121 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 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. Sec- tion ‘‘119’’ of title 28, U.S.C., referred to in such sen- tence, 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. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, struck out ‘‘The transfer of such prosecutions shall be made in the manner pro- vided in section 119 of Title 28’’. § 3241. Jurisdiction of offenses under certain sec- tions The District Court of the Virgin Islands shall have jurisdiction of offenses under the laws of the United States, not locally inapplicable, com- mitted 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. (June 25, 1948, ch. 645, 62 Stat. 827; Pub. L. 85–508, § 12(i), July 7, 1958, 72 Stat. 348; Pub. L. 107–273, div. B, title IV, § 4004(e), Nov. 2, 2002, 116 Stat. 1812.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 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, § 4, 31 Stat. 322; Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512; June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Mar. 2, 1921, ch. 110, 41 Stat. 1203; June 22, 1936, ch. 699, § 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 Fed- eral jurisdiction of the district courts of the Territories and Possessions. The enumeration of sections in sec- tion 574 of title 18, U.S.C., 1940 ed., was omitted as in- complete 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 inde- pendence of the Commonwealth of the Philippines ef- fective 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. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 struck out ‘‘United States Dis- trict Court for the Canal Zone and the’’ after ‘‘The’’.