Section 19.5 Military Installations—Assimilative Crimes Act

• Library: DWI 2014

The ACA (Assimilative Crimes Act), 18 U.S.C. § 13, provides that the state law punishment applies in federal court for crimes committed on a military installation or other government enclave not covered under any applicable federal regulation. The ACA applies to cases being prosecuted in federal court for DWI arrests on military installations. It is important to note that although a DWI is being prosecuted in federal court, it is not a violation of a federal law or regulation. This section is limited to the ACA with regard to federal DWI cases on military installations. A full description of the ACA is beyond the scope of this section.

The test as to whether state law is acceptable under the ACA is whether the acts of the defendant are punishable under any enactment of Congress. United States v. Butler, 541 F.2d 730, 737 (8^th Cir. 1976). The ACA is not implicated when there are governing federal regulations. United States v. Palmer, 956 F.2d 189 (9^th Cir. 1992) (federal regulations were applicable when the defendant was charged with DWI in a national park, not ACA).

The ACA is used to fill the gap between state and federal DWI laws. United States v. Palmer, 956 F.2d 189 (9^th Cir. 1992). Although the individual is prosecuted in federal court, the individual is subject to the state law punishment. It is not uncommon for the ACA to apply to individuals arrested for DWI on military installations. United States v. Smith, 965 F. Supp. 756 (E.D. Va. 1997) (driving under the influence of a drug or alcohol is one crime with alternative methods of proof).

The ACA provides, in pertinent part:

(a) Whoever within [a federal enclave] . . . is guilty of any act . . . which, although not made punishable by any enactment of Congress, would be punishable if committed . . . within the jurisdiction of the State . . . in which such place is situated, by the laws thereof in force at the time of such act . . . shall be guilty of a like offense and subject to a like punishment.

(b) . . . [F]or purposes of subsection (a) . . ., that which may or shall be imposed through judicial . . . action under the law of a State . . . for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law.

18 U.S.C. § 13.

Because issues concerning the ACA are treated by the court of appeals as jurisdictional, they are subject to de novo review. United States v. Thunder Hawk, 127 F.3d 705, 706 (8^th Cir. 1997).

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