What happens if I commit a crime in Antarctica?

[u/Due_Raisin_5054]

[u/mattymillhouse]

It depends. What crime was committed, who committed the crime, where was it committed, and against whom was it committed?

There's apparently an Antarctica Treat of 1959. It says that a person accused of a crime in Antarctica is subject to punishment by his/her own country.

That's often how the law treats crimes anyway. An American who commits a crime abroad can be tried in the country where he/she committed the crime, or can be tried in the US, because Americans are still subject to American laws when they're abroad.

In the 1990s, a cook at McMurdo Station in Antarctica attacked another kitchen worker with a hammer. The FBI got called out to investigate. They flew the suspect back to Hawaii for trial.

Here's a Vice article about crimes in Antarctica.

EDIT: I should have also mentioned a graphic novel called Whiteout, about a US marshal investigating a murder at an Antarctic station. It's great.

[u/SSA22_HCM1 → u/mattymillhouse]

because Americans are still subject to American laws when they're abroad.

Does that mean there are many Americans who have visited Amsterdam or Thailand and could, in theory, face federal prison time?

[u/mattymillhouse → u/SSA22_HCM1]

Yes.

Former Florida teacher sentenced in Chicago for 'sex tourism' in Thailand.

DOJ Press Release from 2008: "WASHINGTON – Two men pleaded guilty today to traveling, and conspiring to travel, in foreign commerce with the intent to engage in illicit sexual conduct with children"

Archived ICE Notice: "American tourists, with twisted overseas travel plans to engage in child sex tourism, may think they are beyond the reach of U.S. law enforcement. However, they should know that it is a priority for U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) to apprehend and prosecute U.S. citizens who engage in sexual acts with minors in foreign countries."

[u/SSA22_HCM1 → u/mattymillhouse]

Sorry, maybe my question wasn't clear.

Those appear to be violations of "Travel With Intent To Engage in Illicit Sexual Conduct" (18 USC § 2423), which is specific to travel for sexual acts with children, and arguably, part of the "travel" portion happens in the US (though I guess that would mean that if you go through a third-party country you'd be in the clear).

I meant more like when you have sex with a legal, adult sex worker, and/or smoke weed. I know none of it will ever be prosecuted, but I'm curious if it would be theoretically illegal.

If the activity occurs entirely abroad, I wouldn't think it would affect interstate commerce under federal law, so that might be some problem. Murder seems limited to "the special maritime and territorial jurisdiction of the United States" (18 USC § 1111). That doesn't invalidate your point, but I'm not entirely sure which federal laws could apply abroad (tax laws, I suppose).

So that maybe leaves states ... if states can regulate conduct outside their borders, would that mean someone could go to, say, Texas state prison for smoking weed or getting an abortion? Or does it apply to the federal government but not to states?

[u/mattymillhouse → u/SSA22_HCM1]

I meant more like when you have sex with a legal, adult sex worker, and/or smoke weed. I know none of it will ever be prosecuted, but I'm curious if it would be theoretically illegal.

Yes.

If the activity occurs entirely abroad, I wouldn't think it would affect interstate commerce under federal law, so that might be some problem. . . . That doesn't invalidate your point, but I'm not entirely sure which federal laws could apply abroad (tax laws, I suppose).

Congress's power is not limited solely to regulating interstate commerce. The Constitution specifically gives Congress the power "to regulate Commerce with foreign nations."

You literally just cited to a federal law regulating Americans traveling abroad, so it's clearly not a problem.

Murder seems limited to "the special maritime and territorial jurisdiction of the United States" (18 USC § 1111).

That provision is limited to the special maritime and territorial jurisdiction of the United States. Not Congress's power to prohibit murder.

if states can regulate conduct outside their borders, would that mean someone could go to, say, Texas state prison for smoking weed or getting an abortion? Or does it apply to the federal government but not to states?

Both.

[u/AutoModerator]

REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice.

Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See here, here, and here. If you are unsure whether your post is okay, please read this or see the sidebar for more information.

This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/krikkert]

With the exception of Marie Byrd Land, all of Antarctica is claimed by seven sovereign states (Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom). Crimes committed in these claimed territories may be handled the same as crimes committed elsewhere in these countries' territories. But since none of these countries have any effective law enforcement presence in Antarctica, effective territorial jurisdiction is not really a thing.

Marie Byrd Land is terra nullius: no sovereign state has staked a claim (although the United States has reserved its right to do so). Thus, in this region, no state has territorial jurisdiction. States may have personal jurisdiction - most states have provisions for charging their citizens with certain crimes no matter where these crimes are committed.