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The Assimilative Crimes Act: Bridging State and Federal Law
Definition & Meaning
The Assimilative Crimes Act (ACA) is a federal law codified at 18 U.S.C.A. § 13. It allows for the adoption of state criminal laws in areas under exclusive or concurrent federal jurisdiction when no federal law applies to a specific crime. Essentially, if a crime occurs on federal property and is not defined as a federal offense, the applicable state law will govern the prosecution of that crime. This act serves as a mechanism to fill gaps in federal criminal law by incorporating relevant state statutes.
Table of content
Legal Use & context
The Assimilative Crimes Act is primarily used in criminal law. It applies in situations where federal jurisdiction overlaps with state laws, particularly on federal lands such as military bases or national parks. Legal practitioners may utilize this act to determine the applicable laws for offenses occurring in these areas. Users can manage related legal matters by accessing templates and forms from US Legal Forms, which are designed to assist in navigating these processes.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if someone commits theft on a military base, the federal government may prosecute the case using the state law that defines theft, as there is no specific federal statute for theft in that context.
(Hypothetical example) If a person is charged with driving under the influence on federal land, the ACA allows the federal government to apply the state law regarding DUI offenses, provided that such an offense is not defined under federal law.
Relevant laws & statutes
The main statute relevant to the Assimilative Crimes Act is 18 U.S.C.A. § 13. This law outlines the conditions under which state laws can be assimilated into federal jurisdiction. Additionally, the case of U.S. v. Devenport, 131 F.3d 604 (7th Cir. 1997) is significant as it clarifies that noncriminal state statutes cannot be assimilated under the ACA.
State-by-state differences
State
Key Differences
California
State DUI laws are often assimilated, but penalties may vary significantly.
Texas
Texas has specific laws regarding intoxication that may affect assimilation.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Assimilative Crimes Act
A federal law that adopts state laws for crimes on federal property.
Focuses on state laws applicable in federal jurisdictions.
Federal Criminal Law
Law that defines crimes punishable under federal jurisdiction.
Does not apply when state laws cover the offense.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a legal matter related to the Assimilative Crimes Act, it's important to understand the specific state laws that may apply to your situation. You can explore ready-to-use legal form templates at US Legal Forms to help manage your case effectively. If the situation is complex, consider seeking professional legal assistance to ensure your rights are protected.
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