Theft Within Special Maritime and Territorial Jurisdiction (SMTP) is the unlawful taking of property, services, or money from an individual or business located within the jurisdiction of the United States. SMTP applies to all federal, state, and territorial waters as well as areas within the exclusive economic zone of the United States. There are two types of Theft Within Special Maritime and Territorial Jurisdiction: simple theft and grand theft. Simple theft is the taking of property with the intent to deprive the rightful owner of its value and use. Grand theft is the taking of property with the intent to deprive the rightful owner of its value and use by means of force, fraud, or coercion. Simple theft can take many forms including shoplifting, pick-pocketing, and other similar acts. Grand theft can include carjacking, burglary, robbery, and other similar crimes. In all cases, the perpetrator of the theft must be located within the jurisdiction of the SMTP in order for the act to be considered a federal crime.
Theft Within Special Maritime and Territorial Jurisdiction
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18 USC 641: Understanding the Components of & Penalties for a Federal Embezzlement Sentence. Embezzlement under U.S. federal law is a white collar crime that involves the theft of money, property, or other things of value.
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
This restriction and reservation of rights was significant because the statute of conviction, 18 U.S.C. § 641, carries a five year statute of limitations and the government filed charges about four-and-a-half years after the final monthly VA payment was made.
Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power.
But Section 641 also states that, if the value of the stolen property is $1000 or less, that person shall be fined and imprisoned for no longer than 1 year. The $1000 threshold, therefore, is necessary to make a Section 641 offense into a felony; smaller theft from the government is only a misdemeanor.
Among the offenses within the special maritime and territorial jurisdiction of the United States are the crimes of murder, manslaughter, maiming, kidnapping, rape, assault, and robbery.
Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.