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U.S. Code as of:
01/19/04
Section 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 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; or
(2) while a member of the Armed Forces subject to chapter 47 of
title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
(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, except upon
the approval of the Attorney General or the Deputy Attorney General
(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 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 subject to chapter 47 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 with one or more other defendants, at least
one of whom is not subject to such chapter.
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