The Assimilative Crimes Act (18 U.S.C. § 13) is the law that allows the federal government to use state law to prosecute offenses committed on federal government land or in federally owned buildings.
When a criminal offense has been committed on land or buildings that have been reserved or acquired by the federal government, and the offense is not defined under federal law, state law will apply to the offense under the Assimilative Crimes Act. When the federal government decides to prosecute the offense – through the U.S. Attorney’s office - it is not enforcing the state law. It is enforcing federal law and order by applying the state law to the offense.
State law is applied under the Assimilative Crimes Act only when the U.S. Congress has not enacted a statute that prohibits a criminal offense. For example, generally there is no federal crime of murder, but each state, including Mississippi, has enacted laws providing the legal elements of murder, manslaughter, etc. If you were to kill someone on federal land in Mississippi, you would likely be prosecuted in federal court, but that court would apply, or “incorporate,” Mississippi’s definition of murder. The federal court would require the prosecutors to prove all of the elements of your charged offenses according to Mississippi law.
Under the ACA, the federal government may not apply state regulatory laws to a criminal offense. Also, the federal government may not incorporate state administrative penalties to a criminal offense, such as the suspension of a driver’s license or any other state license. When a federal court applies state substantive law, and possibly federal procedural law and the federal sentencing framework, it can make even the most mundane criminal matter complex and confusing. It is not a place to be without competent advice. If you find yourself in federal court charged with an offense defined by state law, give us a call.
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
[...] You can be tried for a DUI in federal court in two different ways. First, if you are arrested on land that is governed by the National Park Service, you would be tried under the Code of Federal Regulations (federal law). Under the Code of Federal Regulations, drunk-driving in a national park is a Class B misdemeanor, and punishment can include up to six months in a federal penitentiary and a fine of up to $5,000. You also can be placed on probation for up to five years. Second, if you are arrested on any other type of federal property, you could be charged in federal court using Mississippi state laws and penalties through the Assimilative Crimes Act. [...]