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The laws of the United States sometimes claim "long arms",1 so that the United States can prosecute people for things done outside the United States.

In criminal matters, the separate states in the U.S.A. are in many ways more powerful than the federal government. Can they ever prosecute cases against defendant because of the defendants' conduct outside of the particular state?

1. Here, I'm specifically referring to extraterritorial criminal jurisdiction. Long-arm jurisdiction can also refer more generally to courts' personal jurisdiction over people for conduct ostensibly done elsewhere.

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  • I think 'can' is not a suitable verb to describe extraterritorial jurisdiction. Some jurisdictions claim to have it in some situations and sometimes use it without negative consequences. But legally they always break the law in some other jurisdiction when they use it. The question is mostly whether the other jurisdiciton is willing and able to do something about it. Commented 22 hours ago
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    @quarague it is not true that extraterritorial criminal jurisdiction "breaks the law" in some other jurisdiction. The jurisdiction asserting extraterritorial criminal jurisdiction often just waits for the person to return, or requests extradition. To "use" it means to simple means to charge and prosecute the accused. It doesn't necessitate breaking the law somewhere. Are you assuming some extraterritorial law enforcement activity? That isn't what extraterritorial criminal jurisdiction means. Commented 17 hours ago

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Each the several states of the US can criminalize extraterritorial conduct of their citizens, as long as the state has a legitimate interest and there is no conflict with federal law (Skiriotes v. Florida, 319 US 69 (1941)). Other than what was ceded to the union, the state retains "the status of a sovereign."

Regarding what it means to be a citizen of a state, see How is state citizenship acquired and lost?

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  • Is there any indication as to whether they can criminalize extraterritorial conduct of non-citizens, as other sovereigns can and do? Commented yesterday
  • How does this case apply under your answer? Commented yesterday

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