2.97 ASSIMILATIVE CRIMES ACT-ELEMENTS 18 U.S.C. Sec. 13

• Category: Federal - Jury Instructions - 10th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-10THCIR-2-97
• Format: Word

Description

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf The 2.97 Assimilation Crimes Act-Elements 18 U.S.C. Sec. 13 (ACA) is a federal statute that allows for the prosecution of individuals who commit crimes in U.S. territories that would constitute a felony under the laws of the United States, but would not constitute a felony under the laws of the territory. The ACA applies to any Federal enclave or to any “place within the exclusive jurisdiction of the United States” that is not within the boundaries of any state. The ACA has two distinct elements: 1. The first element of the ACA is the “assimilation” element. This element requires that the offense committed must be a felony under the laws of the United States. It is important to note that this element does not require that the offense actually be a crime in the particular place in which it was committed. 2. The second element of the ACA is the “territoriality” element. This element requires that the offense was committed in a place within the exclusive jurisdiction of the United States and not within any state. Thus, in order for an offense to be prosecuted under the ACA, both the assimilation and territoriality elements must be met. If either of these elements is not met, then the offense cannot be prosecuted under the ACA.

The 2.97 Assimilation Crimes Act-Elements 18 U.S.C. Sec. 13 (ACA) is a federal statute that allows for the prosecution of individuals who commit crimes in U.S. territories that would constitute a felony under the laws of the United States, but would not constitute a felony under the laws of the territory. The ACA applies to any Federal enclave or to any “place within the exclusive jurisdiction of the United States” that is not within the boundaries of any state. The ACA has two distinct elements: 1. The first element of the ACA is the “assimilation” element. This element requires that the offense committed must be a felony under the laws of the United States. It is important to note that this element does not require that the offense actually be a crime in the particular place in which it was committed. 2. The second element of the ACA is the “territoriality” element. This element requires that the offense was committed in a place within the exclusive jurisdiction of the United States and not within any state. Thus, in order for an offense to be prosecuted under the ACA, both the assimilation and territoriality elements must be met. If either of these elements is not met, then the offense cannot be prosecuted under the ACA.