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672

General Maritime Offenses

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]