2.97 ASSIMILATIVE CRIMES ACT—ELEMENTS 18 U.S.C. § 13

• Jurisdiction: United States
• Currency: Updated July 14, 2023
• Record Number: 2.97

2.97

PATTERN CRIMINAL JURY INSTRUCTIONS

344

2.97

ASSIMILATIVE CRIMES ACT—ELEMENTS

18 U.S.C. § 13

The defendant is charged in count ————— of the

indictment with committing a crime upon, or within, a

federal enclav e. To find th e def endant gui lty of thi s cri me yo u

must be convinced the government has proved each of the

following beyond a reasonable doubt:

First: the crime alleged was committed upon, or within,

[name federal enclave in indictment]; and

Second: the defendant [here set out the elements of the

State crime].

Comment

The purpose of the Assimilative Crimes Act, 18 U.S.C. § 13, is to

conform the law of federal enclaves to that of the surrounding state by

applying state criminal statutes to non-federal criminal acts or omis-

sions committed within areas over which the federal government has

exclusive jurisdiction. United States v. Mayberry, 774 F.2d 1018, 1020

(10th Cir. 1985); Johnson v. Yellow Cab Transit Co., 13 7 F.2d 274, 276

(10th Cir. 1943), aff’d, 321 U.S. 383 (1944). For a general discussion of

when the Assimilative Crimes Act is prope rly invoked, see Lewis v. United

States, 523 U.S. 155, 162–66 (1998).

When there is no factual dispute as to whether the facility or site is

a federal enclave, the court may take judicial notice of that fact or give a

mandatory instruction that the facility or site is a federal e nclave. See

United States v. Piggie, 622 F.2d 486, 488 (10th Cir. 1980) (holding that

trial court could take judicial notice of the fact that the federal peniten-

tiary at Leavenworth, Kansas, was a federal enclave). On the other hand,

if the nature of the location is in issue, the appropriate method for

resolving that issue is normally by a pretrial motion to dismiss for lack of

jurisdiction. See United States v. Keller, 451 F. Supp. 631, 634 (D.P.R.

1978).