united-states criminal-law extraterritorial-jurisdiction
If a crime applies extraterritorially under the Special Maritime and Territorial Jurisdiction, can it be applied when committed in a foreign country?
<p>I’ve been finding this confusing. If Bob, a US citizen, commits a crime in country A, which is illegal extraterritorially under the Special Maritime &amp; Territorial Jurisdiction, does this mean he can be indicted by the US for it? By my reading from <a href="https://www.statewatch.org/media/documents/news/2016/nov/usa-crs-extra-terr-crim-law.pdf" rel="nofollow noreferrer">here,</a> the answer is no, as a foreign country does not seem to be included in the definition of the SMTJ. The Special Maritime and Territorial Jurisdiction is defined as:</p>
<blockquote>
<p>The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:</p>
<p>(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.</p>
<p>(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.</p>
<p>(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.</p>
<p>(4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.</p>
<p>(5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, District, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.</p>
<p>(6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.</p>
<p>(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.</p>
<p>(8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.</p>
<p>(9) With respect to Offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—</p>
<p>(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and</p>
<p>(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.</p>
</blockquote>

<blockquote>
<p>If a crime applies extraterritorially under the Special Maritime and
Territorial Jurisdiction, can it be applied when committed in a
foreign country?</p>
</blockquote>
<p>No. Special Maritime and Territorial Jurisdiction does not include foreign countries (except in U.S. embassies or military bases or the equivalent).</p>
