---
kind: "section"
citation: "18 U.S.C. § 3261"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "3261"
heading: "Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/3261"
units:
  - "Part II — Criminal Procedure"
  - "Chapter 212 — Military Extraterritorial Jurisdiction"
---

# §3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States

- (a) Whoever engages in conduct outside the United States that would constitute an [offense](/usc/18/3156.md?p=a-2) punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—
  - (1) while employed by or [accompanying the Armed Forces outside the United States](/usc/18/3267.md?p=2); or
  - (2) while a member of the [Armed Forces](/usc/18/3267.md?p=3) subject to [chapter 47](/usc/10/chstA/ptII/ch47.md) of title 10 (the Uniform Code of Military Justice),

  shall be punished as provided for that [offense](/usc/18/3156.md?p=a-2).

- (b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such [offense](/usc/18/3156.md?p=a-2), except upon the approval of the [Attorney General](/usc/18/3077.md?p=7) or the Deputy [Attorney General](/usc/18/3077.md?p=7) (or a person acting in either such capacity), which function of approval may not be delegated.
- (c) Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or [offenses](/usc/18/3156.md?p=a-2) that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.
- (d) No prosecution may be commenced against a member of the [Armed Forces](/usc/18/3267.md?p=3) subject to [chapter 47](/usc/10/chstA/ptII/ch47.md) of title 10 (the Uniform Code of Military Justice) under this section unless—
  - (1) such member ceases to be subject to such chapter; or
  - (2) an indictment or information charges that the member committed the [offense](/usc/18/3156.md?p=a-2) with one or more other defendants, at least one of whom is not subject to such chapter.

## Source credit

(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2488.)

## Notes

### Statutory Notes and Related Subsidiaries

### Short Title of 2000 Amendment

Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”