Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, December 23, 2009

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

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.