# Can you be prosecuted for a US crime committed in another country? **URL:** \ **Category:** Factual Questions\ **Created:** [September 9, 2005, 12:21am UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749 "2005-09-09T00:21:16Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [September 9, 2005, 12:21am UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/1 "2005-09-09T00:21:16Z")
More spcifically can the State prosecute you for a crime you commit in another country that the US considers a crime but the other country does not (so the other country lets you go)? Say you kill your wife in a country under specific circumstances that the country you are in deems allowable (IIRC some middle east countries will let a husband go if he kills his wife because his wife trangressed in some specific way…if I am wrong about it then consider it a hypothetical). Upon returning to the United States can you be arrested and prosecuted for that crime? Assume the person in question is a US citizen. [sub]Disclaimer: I am not married or planning a trip anywhere or have any intention of testing this in any way. The thread on cannibalism brought to mind the case depicted in the movie Alive where a plane crash in the Andes saw some survivors eat the dead while waiting for rescue. It made me wonder if cannibalism were a crime in the US and some of the passengers were US citizens would/could they be prosecuted for doing that.[/sub] ---
**Author:** ![Rachm\_Qoch](https://avatars.discourse-cdn.com/v4/letter/r/a8b319/32.png) [@Rachm\_Qoch](https://boards.straightdope.com/u/Rachm_Qoch)\ **Post date:** [September 9, 2005, 4:45am UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/2 "2005-09-09T04:45:54Z")
Yep. Congress did this a couple years ago to curb sex tourism. Violating the PROTECT Act of 2003 - engaging in illicit commercial sex abroad with anyone under 18 or any sex whatsoever with anyone under 16 - can carry a penalty of up to 30 years imprisonment. Regardless of the legality of the sex act in the foreign territory. this sort of application of _extraterritorial jurisdiction_ is somewhat controversial since it does not adhere to the principle of “double criminality” (offence in both countries) ---
**Author:** ![robinc308](https://avatars.discourse-cdn.com/v4/letter/r/b782af/32.png) [@robinc308](https://boards.straightdope.com/u/robinc308)\ **Post date:** [September 9, 2005, 5:32am UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/3 "2005-09-09T05:32:56Z")
> [@Rachm Qoch](#): > > Yep. Congress did this a couple years ago to curb sex tourism. Violating the PROTECT Act of 2003 - engaging in illicit commercial sex abroad with anyone under 18 or any sex whatsoever with anyone under 16 - can carry a penalty of up to 30 years imprisonment. Regardless of the legality of the sex act in the foreign territory. > > this sort of application of _extraterritorial jurisdiction_ is somewhat controversial since it does not adhere to the principle of “double criminality” (offence in both countries) Does it restrict travelling overseas to have such sex, or does it apply universally? E.g. If, in some country, a 30 year old man has a 14 year old wife. Can he be arrested when he sets foot on US soil? What if they’re not married and he just had sex with her? Does it matter where he is a citizen of? ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [September 9, 2005, 6:00am UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/4 "2005-09-09T06:00:29Z")
> [@robinc308](#): > > Does it restrict travelling overseas to have such sex, or does it apply universally? E.g. If, in some country, a 30 year old man has a 14 year old wife. Can he be arrested when he sets foot on US soil? What if they’re not married and he just had sex with her? Does it matter where he is a citizen of? This is odd since in some states it’s legal for an adult to have sex with an under16 and Congress can’t do anyting. Also in theory a state could legalize prostitution and set the provider age at 16 (or 6!). Didn’t Nevada at one time allow _clients_ to be 16. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 1:02pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/5 "2005-09-09T13:02:06Z")
Here is the sex tourism statute: [http://boards.straightdope.com/sdmb/showpost.php?p=6554222&postcount=13](http://boards.straightdope.com/sdmb/showpost.php?p=6554222&postcount=13) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 1:18pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/6 "2005-09-09T13:18:20Z")
And here is the general statute discussing extraterritorial jurisdiction of the United States: > [@](#): > > § 7. Special maritime and territorial jurisdiction of the United States defined > Release date: 2005-08-03 > > The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes: > (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. > (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. > (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. > (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. > (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. > (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. > **(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.** > (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. > (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— > (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 > (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. > Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261 (a) of this title. (Emphasis added.) [http://www4.law.cornell.edu/uscode/html/uscode18/usc\_sec\_18\_00000007----000-.html](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000007----000-.html) ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [September 9, 2005, 1:31pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/7 "2005-09-09T13:31:44Z")
**Gfactor** , two questions: In the sex tourism statute, it seems to me that the government is not criminalizing the sex itself but is using its power to regulate commerce to criminalize the “travel with the intent” to commit a sex crime. So in that sense, the US is not criminalizing actions that take place in another country but instead is criminalizing actions that take place in this country (using interstate commerce), or the use of the US passport (which the government controls) to cross a border with the intent to commit a sex crime. So that’s not really an example of criminalizing activity in another jurisdiction, no? Second, as to the jurisdictional statute you quote, subsection 7 lists “an offense by” a US national overseas, but doesn’t specify whose laws. Have you found any explanation of what this means/how it is applied? (Yes, I’m lazy, but if I get some time today I’ll look myself.) Thanks! ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 1:40pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/8 "2005-09-09T13:40:05Z")
Here is a good case talking about the presumption that United States laws generally only apply in United States territory–not in foreign countries. [http://scotus.ap.org/scotus/03-750p.zo.pdf](http://scotus.ap.org/scotus/03-750p.zo.pdf) So the general answer to the OP is: You _can_ be prosecuted for violating certain US statutes when you are in a foreign country, but there has to be some indication that the statute in question was meant to apply to conduct outside of US territory. ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [September 9, 2005, 1:43pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/9 "2005-09-09T13:43:08Z")
As part of my research for the thread I had about the 1933 double eagle coins (which are illegal to own), a man was arrested for trying to sell it in London (where, presumably, owning a 1933 gold double eagle is not illegal) and then brought back to the U.S. and charged with the crime here. (In the end, the government dropped the charges and the coin actually became legal - becoming the only legal 1933 gold double eagle in existence). Zev Steinhardt ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 2:17pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/10 "2005-09-09T14:17:11Z")
> [@Campion](#): > > **Gfactor** , two questions: > > In the sex tourism statute, it seems to me that the government is not criminalizing the sex itself but is using its power to regulate commerce to criminalize the “travel with the intent” to commit a sex crime. So in that sense, the US is not criminalizing actions that take place in another country but instead is criminalizing actions that take place in this country (using interstate commerce), or the use of the US passport (which the government controls) to cross a border with the intent to commit a sex crime. So that’s not really an example of criminalizing activity in another jurisdiction, no? > [@](#): > > (c) Engaging in Illicit Sexual Conduct in Foreign Places.— Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. Seems to be broader than that. This one seems to penalize anyone traveling in foreign commerce. One could argue it applies to US nationals who live abroad. OTOH, I wasn’t citing it as an example of extraterritorial application. I was merely responding to previous posts that mention it. > [@](#): > > Second, as to the jurisdictional statute you quote, subsection 7 lists “an offense by” a US national overseas, but doesn’t specify whose laws. Have you found any explanation of what this means/how it is applied? (Yes, I’m lazy, but if I get some time today I’ll look myself.) > > Thanks! 1. The cite in my last post discusses the presumption that US laws only apply to US territories. So that’s going to definitely limit application of run-of-the mill criminal laws. 2. Here is a good example of a statute that clearly applies to conduct outside the US: > [@](#): > > § 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons > Release date: 2005-08-03 > > (a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title. > (b) For the purposes of this section: > (1) “Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. > (2) “Foreign government” means the government of a foreign country, irrespective of recognition by the United States. > (3) “Foreign official” means— > (A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and > (B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. > (4) “Internationally protected person” means— > (A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or > (B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. > (5) “International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs. > (6) “Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. > (7) “National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)). > **(c) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if > (1) the victim is a representative, officer, employee, or agent of the United States, > (2) an offender is a national of the United States, or > (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501 (2) of title 49.** > (d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. (Emphasis added.) > **[18 U.S. Code § 1116 - Murder or manslaughter of foreign officials, official...](https://www.law.cornell.edu/uscode/text/18/1116)** 1. You may notice a pattern here. Most of these statutes are enacted under treaties. An exception to this rule is antitrust law. [http://library.findlaw.com/1999/Aug/1/131034.html](http://library.findlaw.com/1999/Aug/1/131034.html) ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [September 9, 2005, 2:31pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/11 "2005-09-09T14:31:29Z")
> [@zev\_steinhardt](#): > > As part of my research for the thread I had about the 1933 double eagle coins (which are illegal to own), a man was arrested for trying to sell it in London (where, presumably, owning a 1933 gold double eagle is not illegal) and then brought back to the U.S. and charged with the crime here. I can only assume there is a treaty in place between Great Britain and the US which allows for such things to occur. I do not know the details of the case but perhaps the crime (buying/possessing the double eagle coin) was committed in the US and the British officials will arrest someone in their country and return them to the US at the request of the US government. Effectively the person is “fleeing” justice in the US so the Brits help out by making so “fleeing” there won’t help evade justice. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 3:06pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/12 "2005-09-09T15:06:39Z")
> [@Whack-a-Mole](#): > > I can only assume there is a treaty in place between Great Britain and the US which allows for such things to occur. I do not know the details of the case but perhaps the crime (buying/possessing the double eagle coin) was committed in the US and the British officials will arrest someone in their country and return them to the US at the request of the US government. Effectively the person is “fleeing” justice in the US so the Brits help out by making so “fleeing” there won’t help evade justice. This might help: > [@18 U.S.C. § 470](#): > > § 470. Counterfeit acts committed outside the United States > Release date: 2005-08-03 > > A person who, outside the United States, engages in the act of— > (1) making, dealing, or possessing any counterfeit obligation or other security of the United States; or > (2) making, dealing, or possessing any plate, stone, analog, digital, or electronic image, or other thing, or any part thereof, used to counterfeit such obligation or security, > if such act would constitute a violation of section 471, 473, or 474 if committed within the United States, shall be punished as is provided for the like offense within the United States. > **[18 U.S. Code § 470 - Counterfeit acts committed outside the United States](https://www.law.cornell.edu/uscode/text/18/470)** The US has had an extradition treaty with the UK since at least 1977. [http://www.uncjin.org/Laws/extradit/usa.pdf;](http://www.uncjin.org/Laws/extradit/usa.pdf;) [http://www.fco.gov.uk/Files/kfile/USExtradition\_210503.pdf](http://www.fco.gov.uk/Files/kfile/USExtradition_210503.pdf) And of course, sometimes the US, just doesn’t follow the treaty, which is ok with the Supreme Court: [United States v. Alvarez-Machain, 504 U.S. 655 (1992).](http://straylight.law.cornell.edu/supct/html/91-712.ZO.html) (ok to kidnap foreign national in Mexico and bring him to Texas for arrest and prosecution). ---
**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\ **Post date:** [September 9, 2005, 3:11pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/13 "2005-09-09T15:11:27Z")
> [@zev\_steinhardt](#): > > As part of my research for the thread I had about the 1933 double eagle coins (which are illegal to own), a man was arrested for trying to sell it in London (where, presumably, owning a 1933 gold double eagle is not illegal) and then brought back to the U.S. and charged with the crime here. I would guess that he would havee been charged for trying to sell stolen property? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 3:28pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/14 "2005-09-09T15:28:44Z")
> [@GorillaMan](#): > > I would guess that he would havee been charged for trying to sell stolen property? He’d probably have been charged under the statute cited above and the ones cited in the other thread. The principle of double criminality only requires that the conduct be illegal in the requesting and requested states–not that it be the same offense. Moreover, if the guy was arrested and taken to the US by the Secret Service, as the article suggests, [http://www.answers.com/topic/1933-double-eagle](http://www.answers.com/topic/1933-double-eagle), then extradition law probably doesn’t even apply. [United States v. Alvarez-Machain, 504 U.S. 655 (1992).](http://straylight.law.cornell.edu/supct/html/91-712.ZO.html) ---
**Author:** ![yo\_no\_se](https://avatars.discourse-cdn.com/v4/letter/y/b487fb/32.png) [@yo\_no\_se](https://boards.straightdope.com/u/yo_no_se)\ **Post date:** [September 9, 2005, 3:57pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/15 "2005-09-09T15:57:33Z")
Absolutely. One specific example would be with the Trading with the Enemy Act… If I find my way to Cuba, smoke all the fine cigars, drink all the fine rum, and otherwise spend $$$, I will have violated this law and could be subject to some pretty hefty fines. Hell, I don’t even have to go to Cuba. Let’s assume I travel up to Canada to smoke/drink Cuban cigars/rum. I’d be guilty just the same. Regardless of where I purchased Cuban goods, I’d be guilty of violating the TWEA. ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [September 9, 2005, 4:28pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/16 "2005-09-09T16:28:08Z")
> [@yo no se](#): > > Absolutely. > > One specific example would be with the Trading with the Enemy Act… If I find my way to Cuba, smoke all the fine cigars, drink all the fine rum, and otherwise spend $$$, I will have violated this law and could be subject to some pretty hefty fines. Hell, I don’t even have to go to Cuba. Let’s assume I travel up to Canada to smoke/drink Cuban cigars/rum. I’d be guilty just the same. Regardless of where I purchased Cuban goods, I’d be guilty of violating the TWEA. I presume, though, that it would be the US’ responsibility to detect the offence in Canada. It is not a Canadian offence even for Americans to smoke Cuban cigars, travel to Cuba, etc. Back during the Vietnam War, I understand that it was not a Canadian offence to avoid enlistment in the US army, so once they crossed the border, the draft dodgers were free and clear. I believe that after the Vietnam War, a treaty providing for extradition in such cases was signed between Canada and the US–I could be wrong about that. The thing I don’t quite understand is the application of the Cuban embargo laws to non-US citizens resident in or admitted to the USA. Is that retroactive? I, as a Canadian, can travel to Cuba no problem. Does this mean that, a year from now, I would have problems if I went to the US? Would my Canadian friend who is a legal resident of California have problems if he came back to Canada, then went to Cuba, returned to Canada, then went back to the USA? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 9, 2005, 5:20pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/17 "2005-09-09T17:20:21Z")
> [@Sunspace](#): > > The thing I don’t quite understand is the application of the Cuban embargo laws to non-US citizens resident in or admitted to the USA. Is that retroactive? I, as a Canadian, can travel to Cuba no problem. Does this mean that, a year from now, I would have problems if I went to the US? Would my Canadian friend who is a legal resident of California have problems if he came back to Canada, then went to Cuba, returned to Canada, then went back to the USA? Here is an information [sheet](http://www.treas.gov/offices/enforcement/ofac/sanctions/t11cuba.pdf) about the Cuban Embargo. And here is the definition of the key term, “Person subject to the jurisdiction of the United States.” > [@](#): > > TITLE 31–MONEY AND FINANCE: TREASURY > > CHAPTER V–OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY > > PART 515–CUBAN ASSETS CONTROL REGULATIONS–Table of Contents > > ``` > Subpart C--General Definitions > > ``` > > Sec. 515.329 Person subject to the jurisdiction of the United States. > > ``` > The term person subject to the jurisdiction of the United States > > ``` > > includes: > (a) Any individual, wherever located, who is a citizen or resident > of the United States; > (b) Any person within the United States as defined in Sec. 515.330; > (c) Any corporation, partnership, association, or other organization > organized under the laws of the United States or of any State, > territory, possession, or district of the United States; and > (d) Any corporation, partnership, association, or other > organization, wherever organized or doing business, that is owned or > controlled by persons specified in paragraphs (a) or (c) of this > section.] [http://a257.g.akamaitech.net/7/257/2422/04may20041600/edocket.access.gpo.gov/cfr\_2003/julqtr/31cfr515.329.htm](http://a257.g.akamaitech.net/7/257/2422/04may20041600/edocket.access.gpo.gov/cfr_2003/julqtr/31cfr515.329.htm) I suspect that a court would limit the application to those who were citizens or residents at the time of the offense. So answering your questions seriatim: 1. Probably not. 2. Yes. ---
**Author:** ![Neptunian\_Slug](https://avatars.discourse-cdn.com/v4/letter/n/ce7236/32.png) [@Neptunian\_Slug](https://boards.straightdope.com/u/Neptunian_Slug)\ **Post date:** [September 9, 2005, 5:30pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/18 "2005-09-09T17:30:43Z")
> [@Whack-a-Mole](#): > > More spcifically can the State prosecute you for a crime you commit in another country that the US considers a crime but the other country does not (so the other country lets you go)? Say you kill your wife in a country under specific circumstances that the country you are in deems allowable (IIRC some middle east countries will let a husband go if he kills his wife because his wife trangressed in some specific way…if I am wrong about it then consider it a hypothetical). Upon returning to the United States can you be arrested and prosecuted for that crime? Assume the person in question is a US citizen. > > [sub]Disclaimer: I am not married or planning a trip anywhere or have any intention of testing this in any way. The thread on cannibalism brought to mind the case depicted in the movie Alive where a plane crash in the Andes saw some survivors eat the dead while waiting for rescue. It made me wonder if cannibalism were a crime in the US and some of the passengers were US citizens would/could they be prosecuted for doing that.[/sub] You could also get charged under the Foreign Corrupt Practices Act for attempting to bribe public officials while overseas. While bribery is likely illegal in every country, the odds of being charged in many countries is quite low. ---
**Author:** ![zamboniracer](https://avatars.discourse-cdn.com/v4/letter/z/e9a140/32.png) [@zamboniracer](https://boards.straightdope.com/u/zamboniracer)\ **Post date:** [September 9, 2005, 5:42pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/19 "2005-09-09T17:42:08Z")
Is this extraterritorial jurisdiction what they used on American Taliban fighter John Walker Lindh, who was “just minding his own business” in Afghanistan when boom the full weight of the US military/judicial establishment landed on him? Jurisdiction never seemed to be at issue in that case. ---
**Author:** ![Rachm\_Qoch](https://avatars.discourse-cdn.com/v4/letter/r/a8b319/32.png) [@Rachm\_Qoch](https://boards.straightdope.com/u/Rachm_Qoch)\ **Post date:** [September 9, 2005, 6:12pm UTC](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749/20 "2005-09-09T18:12:35Z")
> [@robinc308](#): > > Does it restrict travelling overseas to have such sex, or does it apply universally? E.g. If, in some country, a 30 year old man has a 14 year old wife. Can he be arrested when he sets foot on US soil? What if they’re not married and he just had sex with her? Does it matter where he is a citizen of? Here’s an interesting scenario: A twenty-year-old man and his lawful fourteen-year-old bride fly out to Cancun from Colorado for their honeymoon, where they consummate the marriage. Can he be arrested upon their return? Even if no Mexican law was violated? Even if they can legally have sex back home in Colorado? The statutes seem to imply so. [Next page](https://boards.straightdope.com/t/can-you-be-prosecuted-for-a-us-crime-committed-in-another-country/320749.md?page=2)