Federal · Title 48 — Territories and Insular Possessions

48 U.S.C. § 1704: Concurrent jurisdiction; exceptions for national defense purposes

Civil

What this law says, in plain English

This statute establishes concurrent civil and criminal jurisdiction between U.S. territories and the federal government over U.S. property, with a bar against double prosecution. The President may exclude certain persons and acts from territorial jurisdiction for national defense purposes.

Read the full statutory text

Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts. Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense.

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