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Banjoko: Stow away offense does not require intent to enter U.S.

By Tim Cone

In U.S. v. Banjoko, No. 09-11402 (Dec. 23, 2009), the Court held that 18 U.S.C. §2199, which criminalizes stowing away on a vessel that enters the United States, does not require proof of the defendant?s intent to enter the United States. The statute requires only proof of intent to ?obtain transportation? from a vessel without consent.The Court also rejected Banjoko?s argument that the offense does not apply to extraterritorial conduct, relying on the plain language of the statute.

Full post as published by Defense Newsletter Blog on December 23, 2009 (boomark / email).