US Code

Public Law 119-84 (04/18/2026)

18 U.S.C. § 13

Laws of States adopted for areas within Federal jurisdiction

(a)
section 7 of this title Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in , or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
(b)
(1)
Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)
(A)
In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—
(i)
a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
(ii)
the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).
(B)
For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.
(c)
Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

June 25, 1948, ch. 645 62 Stat. 686 Pub. L. 100–690, title VI, § 6477(a)102 Stat. 4381 Pub. L. 103–322, title X, § 100002108 Stat. 1996 Pub. L. 104–132, title IX, § 901(b)110 Stat. 1317 Pub. L. 104–294, title VI, § 604(b)(32)110 Stat. 3508 (, ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Mar. 4, 1909, ch. 321, § 289 35 Stat. 1145 June 15, 1933, ch. 85 48 Stat. 152 June 20, 1935, ch. 284 49 Stat. 394 June 6, 1940, ch. 241 54 Stat. 234 Based on title 18, U.S.C., 1940 ed., § 468 (, ; , ; , ; , ).

Act , § 289 used the words “now in force” when referring to the laws of any State, organized Territory or district, to be considered in force.

As amended on , the words “by the laws thereof in force on , and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal,” were used.

The amendment of , extended the date to “,” and the amendment of , extended the date to “”.

The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma amendments of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States.

The word “Possession” was inserted to clarify scope of section.

Minor changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 104–132, § 901(b)(1)section 7 of this title1996—Subsec. (a). , inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “,”.

Pub. L. 104–294Subsec. (b)(2)(A). substituted “under this title” for “of not more than $1,000”.

Pub. L. 104–132, § 901(b)(2)Subsec. (c). , added subsec. (c).

Pub. L. 103–3221994—Subsec. (b). designated existing provisions as par. (1), substituted “Subject to paragraph (2) and for purposes” for “For purposes”, and added par. (2).

Pub. L. 100–6901988— designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–294, title VI, § 604(d)110 Stat. 3509

section 802 of Title 21section 994 of Title 28Public Law 103–322“The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, , Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and ] shall take effect on the date of enactment of [].”
, , , provided that:

Executive Documents

Territorial Sea of United States

section 1331 of Title 43For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under , Public Lands.