text: that is because,far from being token,conventional jurisdictional elements serve to narrow the kinds of crimes that can be prosecuted,not just to specify the sovereign that can do the prosecuting.take the federal statute at issue in this case.section i requires that the property destroyed be used in interstate commerce.the court has held that standard,jurisdictional element,ante,at,demands the property active employment for commercial purposes,and not merely a passive,passing,or past connection to commerce.jones united states.as a result,the court held that a defendant who threw a molotov cocktail through the window of an residential house could not be guilty under i because the house was not active ly used in interstate commerce,at.surely,however,a new york prosecutor could have secured a conviction under penal law ann.had the same crime been prosecuted in state,rather than federal,court.