The US Attorneys
Office wrote the Assimilative Crimes Act, 18 U.S.C. § 13, makes state law
applicable to conduct occurring on lands reserved or acquired by the Federal
government as provided in 18 U.S.C. § 7(3), when the act or omission is
not made punishable by an enactment of Congress.
Prosecutions
instituted under this statute are not to enforce the laws of the state, but to
enforce Federal law, the details of which, instead of being recited, are
adopted by reference. In addition to minor violations, the statute has been
invoked to cover a number of serious criminal offenses defined by state law
such as burglary and embezzlement. However, the Assimilative Crimes Act cannot
be used to override other Federal policies as expressed by acts of Congress or
by valid administrative orders.
The prospective
incorporation of state law was upheld in United States v. Sharpnack, 355 U.S.
286 (1957). State law is assimilated only when no "enactment of Congress"
covers the conduct. The application of this rule is not always easy. In
Williams v. United States, 327 U.S. 711, 717 (1946), prosecution of a sex
offense under a state statute with a higher age of consent was held
impermissible, but a conviction for a shooting with intent to kill as defined
by state law was upheld, despite the similarity of provisions of 18 U.S.C.
§ 113. Fields v. United States, 438 F.2d 205 (2d Cir.), cert. denied, 403
U.S. 907 (1971); but see Hockenberry v. United States, 422 F.2d 171 (9th Cir.
1970). See also United States v. Bowers, 660 F.2d 527 (5th Cir. 1981) (child
abuse); United States v. Smith, 574 F.2d 988 (9th Cir. 1978)(sodomy). There
seems to be a definite trend to construe 18 U.S.C. § 13 liberally to
provide complete coverage of criminal conduct within an enclave, even where the
offense is generally covered by Federal law. See, e.g., United States v.
Johnson, 967 F.2d 1431 (10th Cir. 1992)(aggravated assault); United States v.
Griffith, 864 F.2d 421 (6th Cir. 1988)(reckless assault); United States v.
Kaufman, 862 F.2d 236 (9th Cir. 1988)(assault); Fesler v. United States, 781
F.2d 384 (5th Cir.), cert. denied, 476 U.S. 1118 (1986)(child abuse).
The Uniform Code of
Military Justice (U.C.M.J.), 10 U.S.C. § 801 et seq., because of its
unlimited applicability, is not considered an "enactment of Congress"
within the meaning of 18 U.S.C. § 13. See United States v. Walker, 552
F.2d 566 (4th Cir. 1977), cert. denied, 434 U.S. 848 (1977)(drunk driving). See
also Franklin v. United States, 216 U.S. 559 (1910). Military personnel
committing acts on an enclave subject to Federal jurisdiction which are not
made an offense by Federal statutes other than the U.C.M.J. may therefore be
prosecuted in district court for violations of state law assimilated by 18
U.S.C. § 13, even though they are also subject to court martial. However,
dual prosecution, it should be noted, is constitutionally precluded by the
Double Jeopardy Clause. See Grafton v. United States, 206 U.S. 333 (1907).
Section 13 of Title
18 does not assimilate penal provisions of state regulatory schemes. See United
States v. Marcyes, 557 F.2d 1361 (9th Cir. 1977). Nor does it incorporate state
administrative penalties, such as suspension of drivers licenses. See United
States v. Rowe, 599 F.2d 1319 (4th Cir. 1979); United States v. Best, 573 F.2d
1095 (9th Cir. 1978). Section 13(b) allows suspension of licenses within the
enclave.
Federal agency
regulations, violations of which are made criminal by statute, have been held
to preclude assimilation of state law. See United States v. Adams, 502 F. Supp.
21 (S.D.Fla. 1980)(carrying concealed weapon in federal courthouse); United
States v. Woods, 450 F. Supp. 1335 (D.Md. 1978)(drunken driving on parkway). In
Adams, 502 F. Supp. 21, the defendant was charged with carrying a concealed
weapon in a United States Courthouse in violation of 18 U.S.C. § 13 and
the pertinent Florida felony firearms statute. In dismissing the indictment,
the Adams court concluded that a General Services Administration (GSA) petty
offense weapons regulation (41 C.F.R. § 101-20.313), explicitly provided
for by statute, 40 U.S.C. § 318a, amounted to an enactment of Congress
within the meaning of 18 U.S.C. § 13 and, therefore, the defendant could
not be prosecuted by the assimilation of state law which prohibited the same
precise act.
It is important to
note, however, that a critical provision of the GSA regulations apparently was
not considered in Adams. See 41 C.F.R. § 101-20.315 which provides in
part:
Nothing in these
rules and regulations shall be construed to abrogate any other Federal laws or
regulations or any State and local laws and regulations applicable to any area
in which the property is situated.
This non-abrogation
provision arguably would permit the assimilation of appropriate state firearms
laws or other state statutes notwithstanding the existence of the GSA
regulations. It appears that this language has never been considered in any
reported case. Moreover, no discussion of the meaning of this language appears
in the pertinent parts of the Federal Register, 43 Fed.Reg. 29001, July 5,
1978; 41 Fed.Reg. 13378, March 30, 1976.
We believe it would
be reasonable to interpret this non-abrogation provision as permitting the
government, in its discretion, to proceed under 18 U.S.C. § 13 and
appropriate state firearms laws, rather than under the GSA weapons regulation.
Source
https://www.justice.gov/usam/criminal-resource-manual-610-deportations-expulsions-or-other-extraordinary-renditions
21 U.S.C.A 844. Penalties for simple possession under
Federal Law- includes Sandy Hook NJ, Gateway Recreation Area and other federal
parks and property
Federal DWI in Sandy
Hook NJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal
jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort
Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base
McGuire-Dix-Lakehurst
If charged with a drug offense at Sandy
Hook Gunnison Beach, Gunnison Beach the case will be handled in the Federal
Magistrate Court, currently in Newark at the Federal Courthouse.
(a) Unlawful acts;
penalties
It shall be unlawful
for any person knowingly or intentionally to possess a controlled substance
unless such substance was obtained directly, or pursuant to a valid
prescription or order, from a practitioner, while acting in the course of his
professional practice, or except as otherwise authorized by this subchapter or
subchapter II of this chapter.
It shall be unlawful
for any person knowingly or intentionally to possess any list I chemical
obtained pursuant to or under authority of a registration issued to that person
under section 823 of this title or section 958 of this title if that
registration has been revoked or suspended, if that registration has expired,
or if the registrant has ceased to do business in the manner contemplated by
his registration.
It shall be unlawful
for any person to knowingly or intentionally purchase at retail during a 30 day
period more than 9 grams of ephedrine base, pseudoephedrine base, or
phenylpropanolamine base in a scheduled listed chemical product, except that,
of such 9 grams, not more than 7.5 grams may be imported by means of shipping
through any private or commercial carrier or the Postal Service.
Any person who
violates this subsection may be sentenced to a term of imprisonment of not more
than 1 year, and shall be fined a minimum of $1,000, or both, except that if he
commits such offense after a prior conviction under this subchapter or
subchapter II of this chapter, or a prior conviction for any drug, narcotic, or
chemical offense chargeable under the law of any State, has become final, he
shall be sentenced to a term of imprisonment for not less than 15 days but not
more than 2 years, and shall be fined a minimum of $2,500, except, further,
that if he commits such offense after two or more prior convictions under this
subchapter or subchapter II of this chapter, or two or more prior convictions
for any drug, narcotic, or chemical offense chargeable under the law of any
State, or a combination of two or more such offenses have become final, he
shall be sentenced to a term of imprisonment for not less than 90 days but not
more than 3 years, and shall be fined a minimum of $5,000.
Notwithstanding the
preceding sentence, a person convicted under this subsection for the possession
of a mixture or substance which contains cocaine base shall be imprisoned not
less than 5 years and not more than 20 years, and fined a minimum of $1,000, if
the conviction is a first conviction under this subsection and the amount of
the mixture or substance exceeds 5 grams, if the conviction is after a prior
conviction for the possession of such a mixture or substance under this
subsection becomes final and the amount of the mixture or substance exceeds 3
grams, or if the conviction is after 2 or more prior convictions for the
possession of such a mixture or substance under this subsection become final
and the amount of the mixture or substance exceeds 1 gram.
Notwithstanding any
penalty provided in this subsection, any person convicted under this subsection
for the possession of flunitrazepam shall be imprisoned for not more than 3
years, shall be fined as otherwise provided in this section, or both. The
imposition or execution of a minimum sentence required to be imposed under this
subsection shall not be suspended or deferred. Further, upon conviction, a
person who violates this subsection shall be fined the reasonable costs of the
investigation and prosecution of the offense, including the costs of
prosecution of an offense as defined in sections 1918 and 1920 of title 28,
except that this sentence shall not apply and a fine under this section need
not be imposed if the court determines under the provision of title 18 that the
defendant lacks the ability to pay.
(b) Repealed. Pub.
L. 98473, title II, 219(a), Oct. 12, 1984, 98 Stat. 2027
(c) Drug, narcotic,
or chemical offense defined
As used in this
section, the term drug, narcotic, or chemical offense means any offense which
proscribes the possession, distribution, manufacture, cultivation, sale,
transfer, or the attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell or transfer any substance the possession of which is prohibited
under this subchapter.
