US Had Jurisdiction to Convict Overseas Service Member of Online Sex Offense With Victim In Virginia

US v. Harris: Harris was in the Navy, stationed in Japan, when he began a “lengthy and coercive sexual relationship with a young girl in Virginia.” This continued for two years as Harris moved from station to station (including in the United States). As a result, he was charged and convicted at trial of coercing a minor into illegal sexual activity (among other offenses). After an unsuccessful direct appeal, Harris filed a 2255 motion arguing that the district court lacked jurisdiction over actions that happened outside of the United States. The district court denied the motion.

On appeal, the Fourth Circuit affirmed the denial of Harris’ 2255 motion. At issue was the meaning of “within the special maritime and territorial jurisdiction of the United States,” particularly when applied to service members. In 1973, the court had held that the definition included “overseas United States facilities.” However, Congress later amended the definition to exclude “members of the Armed Services subject to  . . . the Uniform Code of Military Justice.” Ultimately, the court avoided resolving any conflict between prior precedent and the amended code language by holding that “the conduct charged in Count 14 that is relevant to [18 U.S.C.] 2422(b)’s focus occurred in the United States, not overseas.” The court noted that not only was the victim in Virginia, but that Harris was in the United States when he sent some of the messages to her.