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Cross-border criminal threat - jurisdiction and statue of limitations?

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Suppose a person in the UK makes a threat to a specific person residing in a US state, say South Carolina. Threat is communicated from london through a social networking site based in New York.

If the person visits US in the future, Can the person be charged in US over the crime or is the jurisdiction exclusively UK's? and If chargeable in US, would it be prosecuted as a state crime (state the victim resides in) or a federal crime? Depending on that what would be a statue of limitations (if any) and would it get tolled because the accused was out out of reach of police while residing in UK?

Thanks for the answer Anthony, it was very helpful, just one clarification. What if the threat was minor and the victim never approached law enforcement but decided to do so when the suspect entered the US (say after 5 years or whatever the statue of limitation is). Can the victim/prosecutor claim that the statue of limitations should be tolled because the suspect was not in US?

Attorney Answers 1

Posted

1. you can be charged for a crime committed outside the United States that has a victim inside the United States.
2. It could be prosecuted as a state crime or a federal crime;
3. Probably about 4 year statute of limitations, but depends on state or fed and which state;
4. It wouldn't need to get tolled--it would get filed and law enforcement could choose to request extradition. the UK is in an extradition treaty with us, they may render you/him

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2 comments

Asker

Posted

Thanks for the answer it was most helpful, just one clarification. What if the threat was minor and the victim never approached law enforcement but decided to do so when the suspect entered the US (say after 5 years or whatever the statue of limitation is). Can the victim/prosecutor claim that the statue of limitations should be tolled because the suspect was not in US?

Anthony Michael Solis

Anthony Michael Solis

Posted

Prosecutors have a lot of discretion, they can deem it not to be worthy of prosecution, even if it is within the statute of limitation.

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