§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 — Inbound Citations

Citations to §3261(a)

• 18 U.S.C. § 7(9)

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  (9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—

  (A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and

  (B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

  Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.
• 18 U.S.C. § 3262(a)

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  (a) The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest, in accordance with applicable international agreements, outside the United States any person described in section 3261(a) if there is probable cause to believe that such person violated section 3261(a).
• 18 U.S.C. § 3263(a)

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  (a) Any person designated and authorized under section 3262(a) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which such person is alleged to have violated section 3261(a) if—

  (1) appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and

  (2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party.
• 18 U.S.C. § 3264(a)

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  (a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—

  (1) to the United States; or

  (2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
• 18 U.S.C. § 3264(a)(2)

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  (2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
• 18 U.S.C. § 3265(a)(1)

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  (1) In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure—

  (A) shall be conducted by a Federal magistrate judge; and

  (B) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
• 18 U.S.C. § 3265(a)(2)

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  (2) In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it.
• 18 U.S.C. § 3265(a)(3)

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  (3) If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person’s detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person’s release before trial under chapter 207 of this title.