Assimilative Crimes Act
Open-knowledge reference entry
The Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.
History
The first Assimilative Crimes Act was passed as § 3 of the Crimes Act of 1825.
Purpose and interpretation
Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce federal law, the details of which, instead of being recited, are adopted by reference. In addition to minor violations, the statute has been invoked to cover a number of serious criminal offenses defined by state law such as burglary and embezzlement. However, the Assimilative Crimes Act cannot be used to override other federal policies as expressed by acts of Congress or by valid administrative orders.
The prospective incorporation of state law was upheld in United States v. Sharpnack, 355 U.S. 286 (1957). State law is assimilated only when no "enactment of Congress" covers the conduct. The application of this rule is not always easy. In Williams v.
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