Criminal Law Questions? Ask a Criminal Lawyer.
The US district court takes care of criminal cases that charge a defendant with violations of federal criminal law statutes.
State courts take care of criminal cases that charge a defendant with violations of the criminal law of particular states.
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Another note, federal crimes are found in the U.S. Code: Title 18
It can be both. To be charged under Federal law, the crime would have to take place in "special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency" 18 U.S. Code § 2242 - Sexual abuse.
It can also be charged if parts of the crime happened across state lines. That is, part of the crime happened in one state and then the person committing the offense engaged in interstate travel and committed another part of the crime in another state.
Sexual offense are usually handled by the state court in which the crime took place.
Do you mean the victim and offender are in different states at the time of the offense or after the offense took place?
If mail or the internet was used to commit the accessory crimes, it is a federal and state violation. It would be easier to prosecute the actor in Federal court because it would be easier to get that person into court.
It would be a US Attorney's Office where the US court is location. The police agency may be the FBI.
Yes, they could be. Sometimes there are joint task forces of federal and state police working an investigation together. I have worked with such task forces.
It depends. If the local and federal authorities are working together, a warrant can be obtained in a state court. If there is a federal investigation of a crime involving the US mail or the internet, a search warrant would be obtained in the US court.
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