§ 209. Assimilated Offenses.

(1) When Assimilated. A person is guilty of a federal offense if he engages in conduct within an enclave which, if engaged in within the jurisdiction of the state or local government in which the enclave is located, would be punishable as an offense under the state or local law then in force, except that this section does not apply when federal law penalizes or immunizes the conduct. Conduct is immunized within the meaning of this subsection if, having regard to federal legislation as to the conduct constituting the type of offense and the failure of Congress to penalize the specific conduct in question, it may be inferred that Congress did not intend to extend penal sanctions to such conduct.

(2) Grading. If the maximum confinement authorized by the state or local law exceeds 30 days, the assimilated offense is a Class A misdemeanor; if such confinement is 30 days or less, a Class B misdemeanor; if there is no such confinement, an infraction. Notwithstanding the classification here provided, the term of imprisonment or fine imposed shall not exceed the maximum authorized by the state or local law, and the offense shall not be deemed a crime if the state or local law provides that it is not a crime.

(3) "Enclave" Defined. In this section "enclave" means a place in the special maritime and territorial jurisdiction of the United States.

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