18 U.S.C. § 3238 — Offenses not committed in any district

Page 748 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3237 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. (June 25, 1948, ch. 645, 62 Stat. 826.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 553 (Mar. 4, 1909, ch. 321, § 336, 35 Stat. 1152). § 3237. Offenses begun in one district and com- pleted in another (a) Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and com- pleted 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 com- merce, 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 Inter- nal 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 pro- vision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judi- cial 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 ar- raignment of the defendant upon indictment or information. (June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85–595, Aug. 6, 1958, 72 Stat. 512; Pub. L. 89–713, § 2, Nov. 2, 1966, 80 Stat. 1108; Pub. L. 98–369, div. A, title I, § 162, July 18, 1984, 98 Stat. 697; Pub. L. 98–473, title II, § 1204(a), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) HISTORICAL AND REVISION NOTES Based on section 103 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 42, 36 Stat. 1100). Section was completely rewritten to clarify legisla- tive intent and in order to omit special venue provi- sions 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 in- tent. Rules 18–22 of the Federal Rules of Criminal Proce- dure 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 Su- preme 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 Den- tures Act, section 1821 of this revision. The revised sec- tion removes all doubt as to the venue of continuing of- fenses and makes unnecessary special venue provisions except in cases where Congress desires to restrict the prosecution of offenses to particular districts as in sec- tion 1073 of this revision. Editorial Notes REFERENCES IN TEXT Section 7203 of the Internal Revenue Code of 1986, re- ferred 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. 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 im- portation 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 Rev- enue Code of 1954. 1958—Pub. L. 85–595 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries 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. § 3238. Offenses not committed in any district The trial of all offenses begun or committed upon the high seas, or elsewhere out of the juris- diction 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 of- fenders, or if no such residence is known the in- dictment or information may be filed in the Dis- trict of Columbia. (June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 88–27, May 23, 1963, 77 Stat. 48.) HISTORICAL AND REVISION NOTES Based on section 102 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 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, pro- viding 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 omit- ted as covered by this section. The remaining provi- sions of said section 219 are incorporated in section 1541 of this title. Editorial Notes AMENDMENTS 1963—Pub. L. 88–27 authorized the trial of offenses not committed in any district in the district in which the 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’’.