672
General Maritime Offenses
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There are a number of statutes defining maritime offenses that are
not
dependent upon 18 U.S.C. § 7 and are not affected by the fact that the
offense occurred within state jurisdiction. For example, death resulting
from
criminal negligence of a ship's officer or crew can be prosecuted under 18
U.S.C.
§ 1115 when a manslaughter prosecution under 18 U.S.C. § 1112
would
be
barred because the ship was within a harbor. See United States v.
Allied Towing Corp., 602 F.2d 612 (4th Cir. 1979). See also
United
States v. Tanner, 471 F.2d 128 (7th Cir.), cert.
denied,
409 U.S. 949 (1972) affirming a conviction under 18 U.S.C. § 2275
(firing a
vessel) while reversing one for violation of 18 U.S.C. § 1363
(malicious
mischief within special maritime and territorial jurisdiction). There are
other
such statutes to be found in Title 18 and other titles of the United States
Code.
[cited in USAM 9-20.100] | |