Piracy and Privateering: Understanding Federal Laws in the US

Piracy is a serious international crime that can result in severe penalties. While this type of crime is rare in American waters compared to other parts of the world, it is still considered one of the most serious crimes. Therefore, the US government has enacted specific laws about crimes of piracy and how these crimes are punished.

Federal Piracy and Privateering Laws – 18 U.S. Code Chapter 81

Spodek Law Group and Attorney Todd Spodek believe that understanding the laws related to piracy and privateering is crucial. These laws are codified in Title 18 U.S. Code Chapter 81, and any act of piracy or privateering could result in federal criminal charges with severe penalties. Our experienced federal criminal defense lawyers have handled numerous piracy and privateering cases, and we have the knowledge and expertise necessary to provide a robust defense.

What is Piracy?

The United Nations Convention on the Law of the Sea (UNCLOS) has defined piracy as any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of a private ship or aircraft on the high seas against another ship or aircraft. Piracy also includes any act of voluntary participation in a pirate ship.

Under U.S. law, any person of any country who commits piracy anywhere in the world, according to the “law of nations” definition, could be prosecuted via 18 U.S. Code Chapter 81. Additionally, anyone who voluntarily assists a pirate, serves aboard a pirate or privateer vessel, recruits for pirates, or takes pirate loot could also be prosecuted.

What is Privateering?

In addition to piracy, this federal statute also addresses a related concept known as privateering. While privateering is similar to piracy in that it’s an illegal act committed at sea for private gain, there are a few key distinctions. Privateers are authorized by their governments to commit such acts, whereas pirates are not. Also, marauders typically attack enemy vessels during wartime as part of an official war effort (hence the “private” in privateering), while pirates attack vessels indiscriminately.

What Are Acts of Piracy?

The federal government identifies numerous activities categorized as acts of privacy or privateering. These include, but are not limited to:

• Stealing a vessel you serve on or voluntarily handing it over to pirates
• Attacking a vessel with the intent to plunder it
• Plundering a distressed or shipwrecked vessel
• Coming ashore and committing robbery
• Corrupting seamen to “turn pirate” or confederating with pirates

What are the Penalties for Piracy?

Piracy is punished quite severely under U.S.C. 81. Most overt acts of piracy come with a mandatory minimum of life imprisonment, while most others carry a maximum of 10 years in prison. Penalties for crimes of “participating in piracy” come with a maximum prison sentence of 10 years.

The less “serious” crime of piracy, corrupting seamen, and confederating with pirates comes with a maximum prison sentence of 3 years.

Defending Against Piracy Charges

Piracy and privateering offenses can be complicated, as both US and international laws may apply depending upon the specific circumstances. It is crucial for defendants to understand the specific charges they are facing and to develop an effective defense strategy.

Federal Piracy and Privateering Laws – 18 U.S. Code Chapter 81: Defending Against the Most Serious Crimes

As a law firm with a deep understanding of the law, Spodek Law Group and Attorney Todd Spodek are committed to providing our clients with the best possible representation when facing the most serious of crimes. Piracy is an international crime, and while it may be rare in American waters compared to other parts of the world, the U.S. government still holds it among the most serious of crimes.

The U.S. government has enacted specific laws about crimes of piracy and how these crimes are punished, and these laws are codified in Title 18 U.S. Code Chapter 81. Any piracy and privateering could result in federal criminal charges with severe penalties. These types of federal offenses are often complicated because both United States and international laws could be filed based on the case’s specific details.

Our federal criminal defense lawyers have extensive experience in defending against federal crimes, and we will examine this topic in more detail below. We will show you how we can help you to fight these charges and achieve the best possible outcome for your case.

Piracy Explained: Understanding the International Definition of Piracy

The United Nations Convention on the Law of the Sea (UNCLOS) has crafted an international definition of piracy. In plain English, the international crime of piracy involves any act of murder, robbery, criminal violence, or hostage-taking on the “high seas”—that is, in (or over) international or territorial waters rather than within specific national boundaries.

This international definition is important because the U.S. government refers to it in 18 U.S.C. Chapter 81 as the “law of nations” when defining piracy in general. Under U.S. law, any of the following persons may be prosecuted for piracy via 18 U.S. Code Chapter 81:

Any person of any country who has committed piracy anywhere in the world, according to the “law of nations” definition;
Any U.S. citizen who engages in piracy or privateering against the U.S. or its citizens under a private or foreign flag;
Any non-U.S. citizen who commits piracy against the U.S. in violation of a foreign treaty;
Anyone who voluntarily assists a pirate, serves aboard a pirate or privateer vessel, recruits for pirates, or takes pirate loot.

What Is Privateering?

In addition to the crime of piracy, this federal statute also addresses a related concept known as “privateering.” While privateering is similar to piracy in that it’s an illegal act committed at sea for private gain, there are a few key distinctions.

First and foremost, privateers are authorized by their governments to commit such acts, whereas pirates are not. Secondly, marauders typically attack enemy vessels during wartime as part of an official war effort (hence the “private” in privateering), while pirates attack vessels indiscriminately.

What Are Acts of Piracy?

The federal government identifies numerous activities categorized as acts of piracy or privateering. These include, but are not limited to:

Serving on a privateer vessel or arming such a vessel (18 U.S.C. § 1654). This statute covers U.S. citizens who fit out, and arm, attempt, or otherwise become involved with fitting out and arming private vessels of privateers or ships of war with the intent that they will be used to commit hostilities;

Stealing a vessel you serve on or voluntarily handing it over to pirates (18 U.S.C. § 1656). This statute covers captains or officers who run away with their boats or goods and merchandise or voluntarily give their vessel to pirates;

Piracy and privateering are complex legal issues that require the expertise of an experienced and knowledgeable attorney. At Spodek Law Group, we have a deep understanding of federal laws surrounding piracy and privateering. Our skilled attorneys have years of experience handling federal criminal cases and can provide you with the professional and comprehensive legal representation you need.

If you or someone you know is under investigation or has been indicted for piracy under Title 18, Chapter 81 of the United States Code, it is essential to seek legal help immediately. The stakes are high, and a conviction can result in severe penalties, including life imprisonment and hefty fines.

Our attorneys at Spodek Law Group are here to help you navigate the complexities of federal law and develop an effective defense strategy. We understand the intricacies of federal criminal law, and we are committed to protecting your rights and fighting for the best possible outcome.

As one of the top-rated criminal defense law firms in the nation, Spodek Law Group is committed to providing our clients with the highest level of legal representation. Attorney Todd Spodek has been recognized as one of the top lawyers in the country by Super Lawyers, Avvo, and the National Trial Lawyers. He has extensive experience representing clients in high-profile federal criminal cases and is well-equipped to handle even the most complex legal issues.

Our firm utilizes compelling language and emotionally charged words to convey the severity of the charges our clients are facing. We understand the importance of professionalism and maintain a deep understanding of the law to show our clients that we have the experience to handle their legal situation.

To learn more about how Spodek Law Group can help you fight charges of piracy and privateering, contact us today. Our attorneys are here to provide you with the support and guidance you need to overcome this difficult legal challenge.