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What happens if you do something illegal that is legal somewhere else?

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ryan_hunter

Junior Member
What is the name of your state (only U.S. law)? TX

Hi, if something is illegal where you live, but not illegal in a different country (or state), and then you go there and do it, and then return back to where you live, can you get in trouble for it? For example, Americans who buy drugs in Amsterdam, do them, and then return to America. Disregarding the "they probably won't get caught" and "the cops won't care" arguments and just assuming that there is very clear proof that they did it, and their own government does want to punish them, can they?

At first I assumed that someone could not get in trouble for this, but then I thought that if you were to travel to a hypothetical country where murder wasn't illegal, and you killed someone, and then returned to your home country, surely you could get in trouble for this, right? So without having any knowledge of this, I would probably deduce that either all instances of all crimes actually are punishable when the person returns to their home country, or there is a list of "special crimes" (like murder, terrorism, and copyright infringement) that can be punished, but others can't.

Can someone clarify this for me? Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? TX

Hi, if something is illegal where you live, but not illegal in a different country (or state), and then you go there and do it, and then return back to where you live, can you get in trouble for it? For example, Americans who buy drugs in Amsterdam, do them, and then return to America. Disregarding the "they probably won't get caught" and "the cops won't care" arguments and just assuming that there is very clear proof that they did it, and their own government does want to punish them, can they?

At first I assumed that someone could not get in trouble for this, but then I thought that if you were to travel to a hypothetical country where murder wasn't illegal, and you killed someone, and then returned to your home country, surely you could get in trouble for this, right? So without having any knowledge of this, I would probably deduce that either all instances of all crimes actually are punishable when the person returns to their home country, or there is a list of "special crimes" (like murder, terrorism, and copyright infringement) that can be punished, but others can't.

Can someone clarify this for me? Thanks.
We don't do hypotheticals. Sorry.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? TX

Hi, if something is illegal where you live, but not illegal in a different country (or state), and then you go there and do it, and then return back to where you live, can you get in trouble for it? For example, Americans who buy drugs in Amsterdam, do them, and then return to America. Disregarding the "they probably won't get caught" and "the cops won't care" arguments and just assuming that there is very clear proof that they did it, and their own government does want to punish them, can they?

At first I assumed that someone could not get in trouble for this, but then I thought that if you were to travel to a hypothetical country where murder wasn't illegal, and you killed someone, and then returned to your home country, surely you could get in trouble for this, right? So without having any knowledge of this, I would probably deduce that either all instances of all crimes actually are punishable when the person returns to their home country, or there is a list of "special crimes" (like murder, terrorism, and copyright infringement) that can be punished, but others can't.

Can someone clarify this for me? Thanks.
Really horrible example you used; murder by definition is unlawful. "Homicide" on the other hand, may not be illegal.
 

Eekamouse

Senior Member
Really horrible example you used; murder by definition is unlawful. "Homicide" on the other hand, may not be illegal.
And really, there are only two circumstances where murder should be acceptable. 1. When you kill out of anger and 2. when you kill to illustrate a point. LOL
 

quincy

Senior Member
research; jurisdiction ...
Jurisdiction is good to research. Here is a Cornell link: http://www.law.cornell.edu/wex/jurisdiction

Extradition should be researched, as well. Here is a link to FindLaw: http://criminal.findlaw.com/criminal-procedure/extradition.html

I agree with Zigner that we generally do not answer hypotheticals on this forum because there are just too many variables to entertain. Some of the hypotheticals offered up on this forum can be much more interesting to answer than some of the real legal questions, though. :)
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? TX

Hi, if something is illegal where you live, but not illegal in a different country (or state), and then you go there and do it, and then return back to where you live, can you get in trouble for it? For example, Americans who buy drugs in Amsterdam, do them, and then return to America. Disregarding the "they probably won't get caught" and "the cops won't care" arguments and just assuming that there is very clear proof that they did it, and their own government does want to punish them, can they?

At first I assumed that someone could not get in trouble for this, but then I thought that if you were to travel to a hypothetical country where murder wasn't illegal, and you killed someone, and then returned to your home country, surely you could get in trouble for this, right? So without having any knowledge of this, I would probably deduce that either all instances of all crimes actually are punishable when the person returns to their home country, or there is a list of "special crimes" (like murder, terrorism, and copyright infringement) that can be punished, but others can't.

Can someone clarify this for me? Thanks.
Depends. Even in Colorado, peeing dirty can make one lose a job. But no, one location does not have jurisdiction over what happens in another jurisdiction. :cool:
 

Indiana Filer

Senior Member
Depends. Even in Colorado, peeing dirty can make one lose a job. But no, one location does not have jurisdiction over what happens in another jurisdiction. :cool:
I know one way that what happens in one jurisdiction can affect you in another jurisdiction.

Let's say you are on probation in Indiana, and go to Colorado on vacation (if the Court allows you to have the travel permit), and you decide to smoke legal marijuana in Colorado. If your Indiana probation officer does a drug screen on you when you get back to Indiana, and you test positive, you will be violating your probation even though you didn't smoke the marijuana in Indiana.
 

TheGeekess

Keeper of the Kraken
I know one way that what happens in one jurisdiction can affect you in another jurisdiction.

Let's say you are on probation in Indiana, and go to Colorado on vacation (if the Court allows you to have the travel permit), and you decide to smoke legal marijuana in Colorado. If your Indiana probation officer does a drug screen on you when you get back to Indiana, and you test positive, you will be violating your probation even though you didn't smoke the marijuana in Indiana.
Indeed. I had forgotten that (being the law abiding citizen that I am). :cool:
 

FlyingRon

Senior Member
Further probation conditions can make it illegal to do certain things that are even legal in your home state, even if you are someplace else.

For example, many states bar consumption of alcohol (let alone drugs) for probationers. You don't get a pass if they let you travel out of state.
 

TigerD

Senior Member
No, you cannot travel to a nation where it is legal to consort with minors and return to the US thinking you are safe.

TD
 

justalayman

Senior Member
I know one way that what happens in one jurisdiction can affect you in another jurisdiction.

Let's say you are on probation in Indiana, and go to Colorado on vacation (if the Court allows you to have the travel permit), and you decide to smoke legal marijuana in Colorado. If your Indiana probation officer does a drug screen on you when you get back to Indiana, and you test positive, you will be violating your probation even though you didn't smoke the marijuana in Indiana.
you are mistaking personal jurisdiction with location jurisdiction. The court retains personal jurisdiction for the purposes of probation no matter where the probationer is.

If the probationer committed a crime in the other state the home state cannot prosecute the probationer for that crime and do not mistake the home state prosecuting a probation violation for prosecuting the actual crime.
 

justalayman

Senior Member
No, you cannot travel to a nation where it is legal to consort with minors and return to the US thinking you are safe.

TD
How can you make that claim? Under what law can the us impose their laws on actions taken in another country?
 

Zigner

Senior Member, Non-Attorney
How can you make that claim? Under what law can the us impose their laws on actions taken in another country?
The DoJ seems to think they can...

http://www.justice.gov/criminal-ceos/extraterritorial-sexual-exploitation-children
 

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