United States v. Neil

312 F.3d 419 (2002)

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United States v. Neil

United States Court of Appeals for the Ninth Circuit
312 F.3d 419 (2002)

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  • Written by Sean Carroll, JD

Facts

Neil (defendant), a citizen of St. Vincent and the Grenadines, worked on a cruise ship that left from and returned to an American port. While on the ship, in Mexican waters, Neil engaged in sexual contact with a minor, in violation of 18 U.S.C. § 2244(a)(3). The statute specifically applied to “the special maritime and territorial jurisdiction of the United States,” The victim was an American citizen. After the incident, the victim underwent counseling and was forced to miss school. Neil was indicted by a grand jury. Neil filed a motion to dismiss the charge on the ground that the district court lacked jurisdiction. The district court denied the motion and convicted Neil. Neil appealed.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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Casebooks

International Law

Key Terms

  • Objective Territorial PrincipleA principle of international law which provides that a State may assert jurisdiction over acts performed outside its borders that produce detrimental effects within the State.
  • Passive Personality PrincipleA basis of jurisdiction found in customary international law which permits a State, in limited cases, to exercise extraterritorial jurisdiction to try a foreign national for offenses committed abroad that affect its own citizens. 
  • Presumption Against Extraterritorial ApplicationProvides that a United States law governs only domestically unless the statute clearly indicates it is to be applied abroad as well.

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