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18 USC CHAPTER 53 - INDIANS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

.

-HEAD-

CHAPTER 53 - INDIANS

-MISC1-

Sec.

1151. Indian country defined.

1152. Laws governing.

1153. Offenses committed within Indian country.

1154. Intoxicants dispensed in Indian country.

1155. Intoxicants dispensed on school site.

1156. Intoxicants possessed unlawfully.

(1157. Repealed.)

1158. Counterfeiting Indian Arts and Crafts Board trade mark.

1159. Misrepresentation of Indian produced goods and products.

1160. Property damaged in committing offense.

1161. Application of Indian liquor laws.

1162. State jurisdiction over offenses committed by or against

Indians in the Indian country.

1163. Embezzlement and theft from Indian tribal organizations.

1164. Destroying boundary and warning signs.

1165. Hunting, trapping, or fishing on Indian land.

1166. Gambling in Indian country.

1167. Theft from gaming establishments on Indian lands.

1168. Theft by officers or employees of gaming establishments on

Indian lands.

1169. Reporting of child abuse.

1170. Illegal trafficking in Native American human remains and

cultural items.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 604(b)(26), Oct. 11, 1996,

110 Stat. 3508, directed that item 1169 be transferred to appear

after item 1168.

Pub. L. 104-294, title VI, Sec. 604(b)(25), Oct. 11, 1996, 110

Stat. 3508, amended directory language of Pub. L. 103-322, Sec.

330011(d), which amended Pub. L. 101-630, Sec. 404(a)(2). See 1990

Amendment note below.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(5), Sept. 13,

1994, 108 Stat. 2143, substituted ''Illegal trafficking in Native

American human remains and cultural items'' for ''Illegal

Trafficking in Native American Human Remains and Cultural Items''

in item 1170.

1990 - Pub. L. 101-647, title XXXV, Sec. 3536, Nov. 29, 1990, 104

Stat. 4925, struck out item 1157 ''Livestock sold or removed''.

Pub. L. 101-644, title I, Sec. 104(b), Nov. 29, 1990, 104 Stat.

4663, substituted ''Misrepresentation of Indian produced goods and

products'' for ''Misrepresentation in sale of products'' in item

1159.

Pub. L. 101-630, title IV, Sec. 404(a)(2), Nov. 28, 1990, 104

Stat. 4548, as amended, effective on the date section 404(a)(2) of

Pub. L. 101-630 took effect, by Pub. L. 103-322, title XXXIII, Sec.

330011(d), Sept. 13, 1994, 108 Stat. 2144, as amended by Pub. L.

104-294, title VI, Sec. 604(b)(25), Oct. 11, 1996, 110 Stat. 3508,

added item 1169.

Pub. L. 101-601, Sec. 4(b), Nov. 16, 1990, 104 Stat. 3052, added

item 1170.

1988 - Pub. L. 100-497, Sec. 24, Oct. 17, 1988, 102 Stat. 2488,

added items 1166, 1167, and 1168.

1960 - Pub. L. 86-634, Sec. 3, July 12, 1960, 74 Stat. 469, added

items 1164 and 1165.

1956 - Act Aug. 1, 1956, ch. 822, Sec. 1, 70 Stat. 792, added

item 1163.

1953 - Act Aug. 15, 1953, ch. 502, Sec. 1, 67 Stat. 586, added

item 1161.

Act Aug. 15, 1953, ch. 505, Sec. 1, 67 Stat. 588, added item

1162.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 25 section 450h.

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18 USC Sec. 1151 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1151. Indian country defined

-STATUTE-

Except as otherwise provided in sections 1154 and 1156 of this

title, the term ''Indian country'', as used in this chapter, means

(a) all land within the limits of any Indian reservation under the

jurisdiction of the United States Government, notwithstanding the

issuance of any patent, and, including rights-of-way running

through the reservation, (b) all dependent Indian communities

within the borders of the United States whether within the original

or subsequently acquired territory thereof, and whether within or

without the limits of a state, and (c) all Indian allotments, the

Indian titles to which have not been extinguished, including

rights-of-way running through the same.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 757; May 24, 1949, ch. 139, Sec.

25, 63 Stat. 94.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 548 and 549 of title 18, and sections 212, 213,

215, 217, 218 of title 25, Indians, U.S. Code, 1940 ed. (R.S. Sec.

2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, Sec. 1, 18

Stat. 318; Mar. 4, 1909, ch. 321, Sec. 328, 329, 35 Stat. 1151;

Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1932, ch.

284, 47 Stat. 337).

This section consolidates numerous conflicting and inconsistent

provisions of law into a concise statement of the applicable law.

R.S. Sec. 2145, 2146 (U.S.C., title 25, Sec. 217, 218) extended

to the Indian country with notable exceptions the criminal laws of

the United States applicable to places within the exclusive

jurisdiction of the United States. Crimes of Indians against

Indians, and crimes punishable by tribal law were excluded.

The confusion was not lessened by the cases of U.S. v.

McBratney, 104 U.S. 622 and Draper v. U.S., 17 S.Ct. 107, holding

that crimes in Indian country by persons not Indians are not

cognizable by Federal courts in absence of reservation or cession

of exclusive jurisdiction applicable to places within the exclusive

jurisdiction of the United States. Because of numerous statutes

applicable only to Indians and prescribing punishment for crimes

committed by Indians against Indians, ''Indian country'' was

defined but once. (See act June 30, 1834, ch. 161, Sec. 1, 4, Stat.

729, which was later repealed.)

Definition is based on latest construction of the term by the

United States Supreme Court in U.S. v. McGowan, 58 S.Ct. 286, 302

U.S. 535, following U.S. v. Sandoval, 34 S.Ct. 1, 5, 231 U.S. 28,

46. (See also Donnelly v. U.S., 33 S.Ct. 449, 228 U.S. 243; and

Kills Plenty v. U.S., 133 F.2d 292, certiorari denied, 1943, 63

S.Ct. 1172). (See reviser's note under section 1153 of this title.)

Indian allotments were included in the definition on authority of

the case of U.S. v. Pelican, 1913, 34 S.Ct. 396, 232 U.S. 442, 58

L.Ed. 676.

1949 ACT

This section (section 25), by adding to section 1151 of title 18,

U.S.C., the phrase ''except as otherwise provided in sections 1154

and 1156 of this title'', incorporates in this section the

limitations of the term ''Indian country'' which are added to

sections 1154 and 1156 by sections 27 and 28 of this bill.

AMENDMENTS

1949 - Act May 24, 1949, incorporated the limitations of term

''Indian country'' which are contained in sections 1154 and 1156 of

this title.

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-297, Sec. 1, May 29, 1976, 90 Stat. 585, provided:

''That this Act (amending sections 113, 1153, and 3242 of this

title) may be cited as the 'Indian Crimes Act of 1976'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1164, 1460, 2252, 2252A,

2266, 3559, 3598, 5032 of this title; title 15 sections 632, 1175,

1243, 1245; title 16 sections 3371, 3377; title 25 sections

1616e-1, 1777d, 1903, 2801, 3202, 3653, 4302; title 28 section

1738B; title 33 sections 1377, 2269; title 42 sections 608, 654,

3796gg-2, 10101; title 49 section 40128.

-CITE-

18 USC Sec. 1152 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1152. Laws governing

-STATUTE-

Except as otherwise expressly provided by law, the general laws

of the United States as to the punishment of offenses committed in

any place within the sole and exclusive jurisdiction of the United

States, except the District of Columbia, shall extend to the Indian

country.

This section shall not extend to offenses committed by one Indian

against the person or property of another Indian, nor to any Indian

committing any offense in the Indian country who has been punished

by the local law of the tribe, or to any case where, by treaty

stipulations, the exclusive jurisdiction over such offenses is or

may be secured to the Indian tribes respectively.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 757.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 215, 217, 218 of title 25, U.S.C., 1940 ed.,

Indians (R.S. 2144, 2145, 2146; Feb. 18, 1875, ch. 80, Sec. 1, 18

Stat. 318).

Section consolidates said sections 217 and 218 of title 25,

U.S.C., 1940 ed., Indians, and omits section 215 of said title as

covered by the consolidation.

See reviser's note under section 1153 of this title as to effect

of consolidation of sections 548 and 549 of title 18, U.S.C., 1940

ed.

Minor changes were made in translations and phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1162, 3598, 4042, 5032 of

this title; title 25 sections 1725, 2442, 2802.

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18 USC Sec. 1153 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1153. Offenses committed within Indian country

-STATUTE-

(a) Any Indian who commits against the person or property of

another Indian or other person any of the following offenses,

namely, murder, manslaughter, kidnapping, maiming, a felony under

chapter 109A, incest, assault with intent to commit murder, assault

with a dangerous weapon, assault resulting in serious bodily injury

(as defined in section 1365 of this title), an assault against an

individual who has not attained the age of 16 years, arson,

burglary, robbery, and a felony under section 661 of this title

within the Indian country, shall be subject to the same law and

penalties as all other persons committing any of the above

offenses, within the exclusive jurisdiction of the United States.

(b) Any offense referred to in subsection (a) of this section

that is not defined and punished by Federal law in force within the

exclusive jurisdiction of the United States shall be defined and

punished in accordance with the laws of the State in which such

offense was committed as are in force at the time of such offense.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, Sec.

26, 63 Stat. 94; Pub. L. 89-707, Sec. 1, Nov. 2, 1966, 80 Stat.

1100; Pub. L. 90-284, title V, Sec. 501, Apr. 11, 1968, 82 Stat.

80; Pub. L. 94-297, Sec. 2, May 29, 1976, 90 Stat. 585; Pub. L.

98-473, title II, Sec. 1009, Oct. 12, 1984, 98 Stat. 2141; Pub. L.

99-303, May 15, 1986, 100 Stat. 438; Pub. L. 99-646, Sec. 87(c)(5),

Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec. 3(a)(5), Nov.

14, 1986, 100 Stat. 3663; Pub. L. 100-690, title VII, Sec. 7027,

Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title XVII, Sec.

170201(e), title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108 Stat.

2043, 2150.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 548, 549 (Mar. 4, 1909,

ch. 321, Sec. 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, Sec.

291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337).

Section consolidates said sections 548 and 549 of title 18,

U.S.C., 1940 ed. Section 548 of said title covered 10 crimes.

Section 549 of said title covered the same except robbery and

incest.

The 1932 amendment of section 548 of title 18, U.S.C., 1940 ed.,

constituting the last paragraph of the section, is omitted and

section 549 of said title to which it applied likewise is omitted.

The revised section therefore suffices to cover prosecution of the

specific offenses committed on all reservations as intended by

Congress.

Words ''Indian country'' were substituted for language relating

to jurisdiction extending to reservations and rights-of-way, in

view of definitive section 1151 of this title.

Paul W. Hyatt, president, board of commissioners, Idaho State

Bar, recommended that said section 548 be considered with other

sections in title 25, Indians, U.S.C., 1940 ed., and revised to

insure certainty as to questions of jurisdiction, and punishment on

conviction. Insofar as the recommendation came within the scope of

this revision, it was followed.

The proviso in said section 548 of title 18, U.S.C., 1940 ed.,

which provided that rape should be defined in accordance with the

laws of the State in which the offense was committed, was changed

to include burglary so as to clarify the punishment for that

offense.

Venue provisions of said section 548 of title 18, U.S.C., 1940

ed., are incorporated in section 3242 of this title.

Section 549 of title 18, U.S.C., 1940 ed., conferred special

jurisdiction on the United States District Court for South Dakota

of all crimes of murder, manslaughter, rape, assault with intent to

kill, assault with a dangerous weapon, arson, burglary, and larceny

committed within the limits of any Indian reservation within the

State, whether by or against Indians or non-Indians. The Act of

February 2, 1903, 32 Stat. 793, from which said section 549 was

derived, accepted the cession by South Dakota of such jurisdiction.

The effect of revised sections 1151, 1152, and 1153 of this title

is to deprive the United States District Court for the District of

South Dakota of jurisdiction of offenses on Indian reservations

committed by non-Indians against non-Indians and to restore such

jurisdiction to the courts of the State of South Dakota as in other

States. This reflects the views of the United States attorney,

George Philip, of the district of South Dakota.

Minor changes were made in translation and phraseology.

1949 ACT

This section (section 26) removes an ambiguity in section 1153 of

title 18, U.S.C., by eliminating the provision that the crime of

rape in the Indian country is to be punished in accordance with the

law of the State where the offense was committed, leaving the

definition of the offense to be determined by State law, but

providing that punishment of rape of an Indian by an Indian is to

be by imprisonment at the discretion of the court. The offense of

rape, other than rape of an Indian by an Indian within the Indian

country, is covered by section 2031 of title 18, U.S.C., and the

offense of burglary by sections 1152 and 3242 of such title.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''kidnapping''

for ''kidnaping'' and inserted ''(as defined in section 1365 of

this title), an assault against an individual who has not attained

the age of 16 years'' after ''serious bodily injury''.

1988 - Subsec. (a). Pub. L. 100-690 substituted ''maiming, a

felony under chapter 109A, incest'' for '' 'maiming' and all that

follows through 'incest' '', thus clarifying execution of amendment

by Pub. L. 99-646 and Pub. L. 99-654 but resulting in no change in

text. See 1986 Amendment note below.

1986 - Pub. L. 99-646 and Pub. L. 99-654 which directed that

section be amended identically by substituting in first par. ''a

felony under chapter 109A,'' for ''rape, involuntary sodomy, carnal

knowledge of any female, not his wife, who has not attained the age

of sixteen years, assault with intent to commit rape,'' and by

striking out in second and third pars. '', involuntary sodomy,''

was executed by making the substitution in subsec. (a) for ''rape,

involuntary sodomy, felonious sexual molestation of a minor, carnal

knowledge of any female, not his wife, who has not attained the age

of sixteen years, assault with intent to commit rape,'' to reflect

the probable intent of Congress in view of prior amendment of this

section by Pub. L. 99-303, but amendment to second and third pars.

could not be executed because such pars. were struck out by Pub. L.

99-303.

Pub. L. 99-303 inserted section catchline which had been

eliminated by general amendment by section 1009 of Pub. L. 98-473,

designated first par. as subsec. (a) and inserted ''felonious

sexual molestation of a minor,'', struck out second par. which

provided that, as used in this section, the offenses of burglary,

involuntary sodomy, and incest be defined and punished in

accordance with the laws of the State in which such offense was

committed as are in force at the time of such offense, and struck

out third par. and restated the provisions thereof in a new subsec.

(b), substituting ''Any offense referred to in subsection (a) of

this section that is'' for ''In addition to the offenses of

burglary, involuntary sodomy, and incest, any other of the above

offenses which are''.

1984 - Pub. L. 98-473 amended section generally, inserting

offenses of maiming, involuntary sodomy and a felony committed

under section 661 of this title and striking out reference to

larceny in first par., and inserting '', involuntary sodomy,''

after ''burglary'' in third par.

1976 - Pub. L. 94-297 made changes in phraseology, added offense

of kidnapping to the enumerated list of offenses subjecting any

Indian to the same laws and penalties as all other persons, struck

out applicability to assault with a dangerous weapon and assault

resulting in serious bodily injury from paragraph covering the

offenses of burglary and incest only, and substituted paragraph,

relating to offenses in addition to offenses of burglary and

incest, for paragraph relating to offenses of rape and assault with

intent to commit rape.

1968 - Pub. L. 90-284 inserted offense of assault resulting in

serious bodily injury.

1966 - Pub. L. 89-707 inserted offenses of carnal knowledge and

assault with intent to commit rape, defined and proscribed the

punishment for assault with intent to commit rape in accordance

with the laws of the State in which the offense was committed, and

required assault with a dangerous weapon and incest to be defined

and punished in accordance with the laws of the State in which the

offense was committed.

1949 - Act May 24, 1949, struck out provision that the crime of

rape is to be punished in accordance with the law of the State

where the offense was committed and in lieu inserted provision

leaving punishment up to the discretion of the court.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,

respectively, 30 days after Nov. 10, 1986, and 30 days after Nov.

14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.

L. 99-654, set out as an Effective Date note under section 2241 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1162, 3242, 3551, 3598,

4042, 5032 of this title; title 25 sections 1301, 1725, 1775d,

2802; title 42 section 14135a.

-CITE-

18 USC Sec. 1154 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1154. Intoxicants dispensed in Indian country

-STATUTE-

(a) Whoever sells, gives away, disposes of, exchanges, or barters

any malt, spirituous, or vinous liquor, including beer, ale, and

wine, or any ardent or other intoxicating liquor of any kind

whatsoever, except for scientific, sacramental, medicinal or

mechanical purposes, or any essence, extract, bitters, preparation,

compound, composition, or any article whatsoever, under any name,

label, or brand, which produces intoxication, to any Indian to whom

an allotment of land has been made while the title to the same

shall be held in trust by the Government, or to any Indian who is a

ward of the Government under charge of any Indian superintendent,

or to any Indian, including mixed bloods, over whom the Government,

through its departments, exercises guardianship, and whoever

introduces or attempts to introduce any malt, spirituous, or vinous

liquor, including beer, ale, and wine, or any ardent or

intoxicating liquor of any kind whatsoever into the Indian country,

shall, for the first offense, be fined under this title or

imprisoned not more than one year, or both; and, for each

subsequent offense, be fined under this title or imprisoned not

more than five years, or both.

(b) It shall be a sufficient defense to any charge of introducing

or attempting to introduce ardent spirits, ale, beer, wine, or

intoxicating liquors into the Indian country that the acts charged

were done under authority, in writing, from the Department of the

Army or any officer duly authorized thereunto by the Department of

the Army, but this subsection shall not bar the prosecution of any

officer, soldier, sutler or storekeeper, attacheAE1, or employee of

the Army of the United States who barters, donates, or furnishes in

any manner whatsoever liquors, beer, or any intoxicating beverage

whatsoever to any Indian.

(c) The term ''Indian country'' as used in this section does not

include fee-patented lands in non-Indian communities or

rights-of-way through Indian reservations, and this section does

not apply to such lands or rights-of-way in the absence of a treaty

or statute extending the Indian liquor laws thereto.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, Sec.

27, 63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G),

(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 241, 242, 244a, 249, 254 of title 25, U.S.C.,

1940 ed., Indians (R.S. Sec. 2139; Feb. 27, 1877, ch. 69, Sec. 1,

19 Stat. 244; July 4, 1884, ch. 180, Sec. 1, 23 Stat. 94; July 23,

1892, ch. 234, 27 Stat. 260; Mar. 2, 1917, ch. 146, Sec. 17, 39

Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302; Mar. 5, 1934, ch.

43, 48 Stat. 396; June 27, 1934, ch. 846, 48 Stat. 1245; June 15,

1938, ch. 435, Sec. 1, 52 Stat. 696).

Section consolidates sections 241, 242, 244a, and 249 of title

25, U.S.C., 1940 ed., Indians. The portion of section 241 of said

title which defined the substantive offense became subsection (a);

the portion relating to the scope of the term ''Indian country''

was omitted as unnecessary in view of definition of ''Indian

country'' in section 1151 of this title; the portion of section 241

of said title excepting liquors introduced by the War Department

became subsection (c), as limited by section 249 of said title; the

portion respecting making complaint in county of offense, and with

reference to arraignment, was omitted as covered by rule 5 of the

Federal Rules of Criminal Procedure; and the remainder of section

241 of said title was incorporated in section 1156 of this title.

Section 254 of title 25, U.S.C., 1940 ed., Indians, was omitted

as covered by this section and section 1156 of this title. That

section was enacted in 1934 and excluded from the Indian liquor

laws lands outside reservations where the land was no longer held

by Indians under a trust patent or a deed or patent containing

restrictions against alienation. Such enactment was prior to the

June 15, 1938, amendment of section 241 of title 25, U.S.C., 1940

ed., Indians, in which the term ''Indian country'' was defined as

including allotments where the title was held in trust by the

Government or where it was inalienable without the consent of the

United States. This provision, by implication, excluded cases where

there was no trust or restriction on alienation and thereby

achieved the same result as section 254 of title 25, U.S.C., 1940

ed., Indians. That amendment also repealed the act of Jan. 30,

1897, referred to in section 254 of title 25, U.S.C., 1940 ed.,

Indians. Insofar as the reference in section 254 of said title to

''special Indian liquor laws'' included section 244 of title 25,

U.S.C., 1940 ed., Indians, the definition of Indian country in

section 1151 of this title covers section 254 of title 25, U.S.C.,

1940 ed., Indians.

Words ''or agent'' were deleted as there have been no Indian

agents since 1908. See section 64 of title 25, U.S.C., 1940 ed.,

Indians, and note thereunder.

Mandatory punishment provisions were rephrased in the alternative

and provision for commitment for nonpayment of fine was deleted.

This change was also recommended by United States District Judge T.

Blake Kennedy on the ground that, otherwise, section would be

practically meaningless since, in most cases, offenders cannot pay

a fine.

The exception of intoxicating liquor for scientific, sacramental,

medicinal or mechanical purposes was inserted for the same reason

that makes this exception appropriate to section 1262 of this

title.

Minor changes were made in phraseology.

1949 ACT

Subsection (a) of this section (section 27(a)) substitutes

''Department of the Army'' for ''War Department'', in subsection

(b) of section 1154 of title 18, U.S.C., to conform to such

redesignation by act July 26, 1947 (ch. 343, title 11, Sec. 205(a),

61 Stat. 501 (5 U.S.C., 1946 ed., Sec. 181-1)). Subsection (b) of

this section (section 27(b)) adds subsection (c) to such section

1154 in order to conform it and section 1156 more closely to the

laws relating to intoxicating liquor in the Indian country as they

have heretofore been construed.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $500'' after ''first

offense, be'' and for ''fined not more than $2,000'' after

''subsequent offense, be''.

1949 - Subsec. (b). Act May 24, 1949, Sec. 27(a), substituted

''Department of the Army'' for ''War Department''.

Subsec. (c). Act May 24, 1949, Sec. 27(b), added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of the Interior and

functions of all agencies and employees of such Department, with

two exceptions, transferred to Secretary of the Interior, with

power vested in him to authorize their performance or performance

of any of his functions by any of such officers, agencies, and

employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24,

1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title

5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1161, 3113 of this

title; title 25 section 1725.

-CITE-

18 USC Sec. 1155 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1155. Intoxicants dispensed on school site

-STATUTE-

Whoever, on any tract of land in the former Indian country upon

which is located any Indian school maintained by or under the

supervision of the United States, manufactures, sells, gives away,

or in any manner, or by any means furnishes to anyone, either for

himself or another, any vinous, malt, or fermented liquors, or any

other intoxicating drinks of any kind whatsoever, except for

scientific, sacramental, medicinal or mechanical purposes, whether

medicated or not, or who carries, or in any manner has carried,

into such area any such liquors or drinks, or who shall be

interested in such manufacture, sale, giving away, furnishing to

anyone, or carrying into such area any of such liquors or drinks,

shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 758; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 241a, 244a, of title 25, U.S.C., 1940 ed.,

Indians (Mar. 1, 1895, ch. 145, Sec. 8, 28 Stat. 697; Mar. 5, 1934,

ch. 43, 48 Stat. 396.)

Section consolidates sections 241a and 244a of title 25, U.S.C.,

1940 ed., Indians. The effect of section 244a of said title in

repealing section 241a of said title, except as to lands upon which

Indian schools are maintained, was to continue prohibiting the

dispensing of liquor in such areas.

The words ''upon conviction thereof'' were omitted as

unnecessary, since punishment cannot be imposed until a conviction

is secured.

The minimum punishment provision was omitted to conform to the

policy adopted in revision of the 1909 Criminal Code.

Mandatory punishment provision was rephrased in the alternative.

The exception of intoxicating liquor for scientific, sacramental,

medicinal or mechanical purposes was inserted for the same reason

that makes this exception appropriate to section 1262 of this

title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1725.

-CITE-

18 USC Sec. 1156 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1156. Intoxicants possessed unlawfully

-STATUTE-

Whoever, except for scientific, sacramental, medicinal or

mechanical purposes, possesses intoxicating liquors in the Indian

country or where the introduction is prohibited by treaty or an Act

of Congress, shall, for the first offense, be fined under this

title or imprisoned not more than one year, or both; and, for each

subsequent offense, be fined under this title or imprisoned not

more than five years, or both.

The term ''Indian country'' as used in this section does not

include fee-patented lands in non-Indian communities or

rights-of-way through Indian reservations, and this section does

not apply to such lands or rights-of-way in the absence of a treaty

or statute extending the Indian liquor laws thereto.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, Sec.

28, 63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G),

(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 241, 244, 244a, 254 of title 25, U.S.C., 1940

ed., Indians (R.S. 2139; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat.

244; July 23, 1892, ch. 234, 27 Stat. 260; May 25, 1918, ch. 86,

Sec. 1, 40 Stat. 563; June 30, 1919, ch. 4, Sec. 1, 41 Stat. 4;

Mar. 5, 1934, ch. 43, 48 Stat. 396; June 27, 1934, ch. 846, 48

Stat. 1245; June 15, 1938, ch. 435, Sec. 1, 52 Stat. 696).

The revision of section 244 of title 25, U.S.C., 1940 ed.,

Indians, conforms with the effect thereon of sections 241, 244a,

and 254 of said title.

The provisions relating to scope of term ''Indian country'' were

omitted as unnecessary in view of definition of ''Indian country''

in section 1151 of this title.

Mandatory punishment provisions were rephrased in the alternative

and provision for commitment for nonpayment of fine was deleted.

Such change was also recommended by United States District Judge T.

Blake Kennedy. (See reviser's note under section 1154 of this

title.)

The exception of intoxicating liquor for scientific, sacramental,

medicinal or mechanical purposes was inserted for the same reason

that makes this exception appropriate to section 1262 of this

title.

Minor changes were made in phraseology.

1949 ACT

This section (section 28) adds to section 1156 of title 18,

U.S.C., a paragraph to conform this section and section 1154 of

such title more closely to the laws relating to intoxicating

liquors in the Indian country as they have been heretofore

construed.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500'' after ''first offense, be'' and for

''fined not more than $2,000'' after ''subsequent offense, be'' in

first par.

1949 - Act May 24, 1949, inserted last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1161, 3113 of this

title; title 25 section 1725.

-CITE-

18 USC Sec. 1157 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

(Sec. 1157. Repealed. Pub. L. 85-86, July 10, 1957, 71 Stat. 277)

-MISC1-

Section, acts June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949,

ch. 139, Sec. 29, 63 Stat. 94; Aug. 15, 1953, ch. 506, Sec. 2(a),

67 Stat. 590, prohibited purchase of Indian-owned livestock subject

to unpaid loans from Federal revolving fund or from tribal loan

funds.

-CITE-

18 USC Sec. 1158 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1158. Counterfeiting Indian Arts and Crafts Board trade mark

-STATUTE-

Whoever counterfeits or colorably imitates any Government trade

mark used or devised by the Indian Arts and Crafts Board in the

Department of the Interior as provided in section 305a of Title 25,

or, except as authorized by the Board, affixes any such Government

trade mark, or knowingly, willfully, and corruptly affixes any

reproduction, counterfeit, copy, or colorable imitation thereof

upon any products, or to any labels, signs, prints, packages,

wrappers, or receptacles intended to be used upon or in connection

with the sale of such products; or

Whoever knowingly makes any false statement for the purpose of

obtaining the use of any such Government trade mark -

Shall (1) in the case of a first violation, if an individual, be

fined under this title or imprisoned not more than five years, or

both, and, if a person other than an individual, be fined not more

than $1,000,000; and (2) in the case of subsequent violations, if

an individual, be fined not more than $1,000,000 or imprisoned not

more than fifteen years, or both, and, if a person other than an

individual, be fined not more than $5,000,000; and (3) shall be

enjoined from further carrying on the act or acts complained of.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I,

Sec. 106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 305d of title 25, U.S.C., 1940 ed., Indians

(Aug. 27, 1935, ch. 748, Sec. 5, 49 Stat. 892).

The reference to the offense as a misdemeanor was omitted as

unnecessary in view of the definition of misdemeanor in section 1

of this title.

The words ''upon conviction thereof'' were omitted as

unnecessary, since punishment cannot be imposed until a conviction

is secured.

Maximum fine was changed from $2,000 to $500 to bring the offense

within the category of petty offenses defined by section 1 of this

title. (See reviser's note under section 1157 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $250,000'' in third par.

1990 - Pub. L. 101-644, in third par., added cls. (1) and (2),

struck out ''be fined not more than $500 or imprisoned not more

than six months, or both; and'' after ''Shall'', and designated

remaining provision at end as cl. (3).

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of the Interior and

functions of all agencies and employees of such Department, with

two exceptions, transferred to Secretary of the Interior, with

power vested in him to authorize their performance or performance

of any of his functions by any of such officers, agencies, and

employees, by Reorg. Plan No. 3 of 1950 Sec. 1, 2, eff. May 24,

1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title

5, Government Organization and Employees.

-CITE-

18 USC Sec. 1159 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1159. Misrepresentation of Indian produced goods and products

-STATUTE-

(a) It is unlawful to offer or display for sale or sell any good,

with or without a Government trademark, in a manner that falsely

suggests it is Indian produced, an Indian product, or the product

of a particular Indian or Indian tribe or Indian arts and crafts

organization, resident within the United States.

(b) Whoever knowingly violates subsection (a) shall -

(1) in the case of a first violation, if an individual, be

fined not more than $250,000 or imprisoned not more than five

years, or both, and, if a person other than an individual, be

fined not more than $1,000,000; and

(2) in the case of subsequent violations, if an individual, be

fined not more than $1,000,000 or imprisoned not more than

fifteen years, or both, and, if a person other than an

individual, be fined not more than $5,000,000.

(c) As used in this section -

(1) the term ''Indian'' means any individual who is a member of

an Indian tribe, or for the purposes of this section is certified

as an Indian artisan by an Indian tribe;

(2) the terms ''Indian product'' and ''product of a particular

Indian tribe or Indian arts and crafts organization'' has the

meaning given such term in regulations which may be promulgated

by the Secretary of the Interior;

(3) the term ''Indian tribe'' means -

(A) any Indian tribe, band, nation, Alaska Native village, or

other organized group or community which is recognized as

eligible for the special programs and services provided by the

United States to Indians because of their status as Indians; or

(B) any Indian group that has been formally recognized as an

Indian tribe by a State legislature or by a State commission or

similar organization legislatively vested with State tribal

recognition authority; and

(4) the term ''Indian arts and crafts organization'' means any

legally established arts and crafts marketing organization

composed of members of Indian tribes.

(d) In the event that any provision of this section is held

invalid, it is the intent of Congress that the remaining provisions

of this section shall continue in full force and effect.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I,

Sec. 104(a), Nov. 29, 1990, 104 Stat. 4663.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 305e of title 25, U.S.C., 1940 ed., Indians

(Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893).

The reference to the offense as a misdemeanor was omitted as

unnecessary in view of the definition of misdemeanor in section 1

of this title.

The last paragraph of section 305e of title 25, U.S.C., 1940 ed.,

relating to duty of district attorney to prosecute violations of

such section, will be incorporated in title 28, U.S. Code.

Maximum fine of $2,000 was changed to $500 to bring the offense

within the category of petty offenses defined by section 1 of this

title. (See reviser's note under section 1157 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1990 - Pub. L. 101-644 substituted ''Misrepresentation of Indian

produced goods and products'' for ''Misrepresentation in sale of

products'' in section catchline and amended text generally. Prior

to amendment, text read as follows: ''Whoever willfully offers or

displays for sale any goods, with or without any Government trade

mark, as Indian products or Indian products of a particular Indian

tribe or group, resident within the United States or the Territory

of Alaska, when such person knows such goods are not Indian

products or are not Indian products of the particular Indian tribe

or group, shall be fined not more than $500 or imprisoned not more

than six months, or both.''

CERTIFICATION OF INDIAN ARTISANS

For purposes of this section, an Indian tribe may not impose fee

to certify individual as Indian artisan, with ''Indian tribe''

having same meaning as in subsec. (c)(3) of this section, see

section 107 of Pub. L. 101-644, set out as a note under section

305e of Title 25, Indians.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 305d.

-CITE-

18 USC Sec. 1160 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1160. Property damaged in committing offense

-STATUTE-

Whenever a non-Indian, in the commission of an offense within the

Indian country takes, injures or destroys the property of any

friendly Indian the judgment of conviction shall include a sentence

that the defendant pay to the Indian owner a sum equal to twice the

just value of the property so taken, injured, or destroyed.

If such offender shall be unable to pay a sum at least equal to

the just value or amount, whatever such payment shall fall short of

the same shall be paid out of the Treasury of the United States. If

such offender cannot be apprehended and brought to trial, the

amount of such property shall be paid out of the Treasury. But no

Indian shall be entitled to any payment out of the Treasury of the

United States, for any such property, if he, or any of the nation

to which he belongs, have sought private revenge, or have attempted

to obtain satisfaction by any force or violence.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103-322, title

XXXIII, Sec. 330004(9), Sept. 13, 1994, 108 Stat. 2141.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians

(R.S. 2154, 2155).

Section consolidates said sections 227 and 228 of title 25,

U.S.C., 1940 ed., Indians, with such changes in phraseology as were

necessary to effect consolidation.

The phrase ''or whose person was injured,'' which followed the

words ''friendly Indian to whom the property may belong,'' was

deleted as meaningless.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''non-Indian'' for ''white

person'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1725.

-CITE-

18 USC Sec. 1161 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1161. Application of Indian liquor laws

-STATUTE-

The provisions of sections 1154, 1156, 3113, 3488, and 3669, of

this title, shall not apply within any area that is not Indian

country, nor to any act or transaction within any area of Indian

country provided such act or transaction is in conformity both with

the laws of the State in which such act or transaction occurs and

with an ordinance duly adopted by the tribe having jurisdiction

over such area of Indian country, certified by the Secretary of the

Interior, and published in the Federal Register.

-SOURCE-

(Added Aug. 15, 1953, ch. 502, Sec. 2, 67 Stat. 586; amended Pub.

L. 98-473, title II, Sec. 223(b), Oct. 12, 1984, 98 Stat. 2028.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 substituted ''3669'' for ''3618''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1725.

-CITE-

18 USC Sec. 1162 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1162. State jurisdiction over offenses committed by or against

Indians in the Indian country

-STATUTE-

(a) Each of the States or Territories listed in the following

table shall have jurisdiction over offenses committed by or against

Indians in the areas of Indian country listed opposite the name of

the State or Territory to the same extent that such State or

Territory has jurisdiction over offenses committed elsewhere within

the State or Territory, and the criminal laws of such State or

Territory shall have the same force and effect within such Indian

country as they have elsewhere within the State or Territory:

---------------------------------------------------------------------

State or Territory of Indian country affected

---------------------------------------------------------------------

Alaska All Indian country within the

State, except that on Annette

Islands, the Metlakatla Indian

community may exercise

jurisdiction over offenses

committed by Indians in the same

manner in which such

jurisdiction may be exercised by

Indian tribes in Indian country

over which State jurisdiction

has not been extended.

California All Indian country within the

State.

Minnesota All Indian country within the

State, except the Red Lake

Reservation.

Nebraska All Indian country within the

State.

Oregon All Indian country within the

State, except the Warm Springs

Reservation.

Wisconsin All Indian country within the

State.

-------------------------------

(b) Nothing in this section shall authorize the alienation,

encumbrance, or taxation of any real or personal property,

including water rights, belonging to any Indian or any Indian

tribe, band, or community that is held in trust by the United

States or is subject to a restriction against alienation imposed by

the United States; or shall authorize regulation of the use of such

property in a manner inconsistent with any Federal treaty,

agreement, or statute or with any regulation made pursuant thereto;

or shall deprive any Indian or any Indian tribe, band, or community

of any right, privilege, or immunity afforded under Federal treaty,

agreement, or statute with respect to hunting, trapping, or fishing

or the control, licensing, or regulation thereof.

(c) The provisions of sections 1152 and 1153 of this chapter

shall not be applicable within the areas of Indian country listed

in subsection (a) of this section as areas over which the several

States have exclusive jurisdiction.

-SOURCE-

(Added Aug. 15, 1953, ch. 505, Sec. 2, 67 Stat. 588; amended Aug.

24, 1954, ch. 910, Sec. 1, 68 Stat. 795; Pub. L. 85-615, Sec. 1,

Aug. 8, 1958, 72 Stat. 545; Pub. L. 91-523, Sec. 1, 2, Nov. 25,

1970, 84 Stat. 1358.)

-MISC1-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-523, Sec. 1, substituted

provisions relating to the jurisdiction of the State of Alaska over

offenses by or against Indians in the Indian country, and certain

excepted areas, for provisions relating to the jurisdiction of the

Territory of Alaska over offenses by or against Indians in the

Indian country.

Subsec. (c). Pub. L. 91-523, Sec. 2, inserted ''as areas over

which the several States have exclusive jurisdiction'' after

''subsection (a) of this section''.

1958 - Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over

offenses committed by or against Indians in all Indian country

within the Territory of Alaska.

1954 - Subsec. (a). Act Aug. 24, 1954, brought the Menominee

Tribe within the provisions of this section.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 sections 566e, 711e,

713f, 714e, 715d, 1300b-15, 1300f, 1300i-1, 1323, 1747, 1772d,

1918, 2433.

-CITE-

18 USC Sec. 1163 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1163. Embezzlement and theft from Indian tribal organizations

-STATUTE-

Whoever embezzles, steals, knowingly converts to his use or the

use of another, willfully misapplies, or willfully permits to be

misapplied, any of the moneys, funds, credits, goods, assets, or

other property belonging to any Indian tribal organization or

intrusted to the custody or care of any officer, employee, or agent

of an Indian tribal organization; or

Whoever, knowing any such moneys, funds, credits, goods, assets,

or other property to have been so embezzled, stolen, converted,

misapplied or permitted to be misapplied, receives, conceals, or

retains the same with intent to convert it to his use or the use of

another -

Shall be fined under this title, or imprisoned not more than five

years, or both; but if the value of such property does not exceed

the sum of $1,000, he shall be fined under this title, or

imprisoned not more than one year, or both.

As used in this section, the term ''Indian tribal organization''

means any tribe, band, or community of Indians which is subject to

the laws of the United States relating to Indian affairs or any

corporation, association, or group which is organized under any of

such laws.

-SOURCE-

(Added Aug. 1, 1956, ch. 822, Sec. 2, 70 Stat. 792; amended Pub. L.

103-322, title XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108

Stat. 2147; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996,

110 Stat. 3511.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100'' in

third par.

1994 - Pub. L. 103-322, in third par., substituted ''fined under

this title'' for ''fined not more than $5,000'' after ''Shall be''

and for ''fined not more than $1,000'' after ''he shall be''.

-CITE-

18 USC Sec. 1164 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1164. Destroying boundary and warning signs

-STATUTE-

Whoever willfully destroys, defaces, or removes any sign erected

by an Indian tribe, or a Government agency (1) to indicate the

boundary of an Indian reservation or of any Indian country as

defined in section 1151 of this title or (2) to give notice that

hunting, trapping, or fishing is not permitted thereon without

lawful authority or permission, shall be fined under this title or

imprisoned not more than six months, or both.

-SOURCE-

(Added Pub. L. 86-634, Sec. 1, July 12, 1960, 74 Stat. 469; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994,

108 Stat. 2146.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $250''.

-CITE-

18 USC Sec. 1165 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1165. Hunting, trapping, or fishing on Indian land

-STATUTE-

Whoever, without lawful authority or permission, willfully and

knowingly goes upon any land that belongs to any Indian or Indian

tribe, band, or group and either are held by the United States in

trust or are subject to a restriction against alienation imposed by

the United States, or upon any lands of the United States that are

reserved for Indian use, for the purpose of hunting, trapping, or

fishing thereon, or for the removal of game, peltries, or fish

therefrom, shall be fined under this title or imprisoned not more

than ninety days, or both, and all game, fish, and peltries in his

possession shall be forfeited.

-SOURCE-

(Added Pub. L. 86-634, Sec. 2, July 12, 1960, 74 Stat. 469; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(D), Sept. 13, 1994,

108 Stat. 2146.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $200''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 1725.

-CITE-

18 USC Sec. 1166 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1166. Gambling in Indian country

-STATUTE-

(a) Subject to subsection (c), for purposes of Federal law, all

State laws pertaining to the licensing, regulation, or prohibition

of gambling, including but not limited to criminal sanctions

applicable thereto, shall apply in Indian country in the same

manner and to the same extent as such laws apply elsewhere in the

State.

(b) Whoever in Indian country is guilty of any act or omission

involving gambling, whether or not conducted or sanctioned by an

Indian tribe, which, although not made punishable by any enactment

of Congress, would be punishable if committed or omitted within the

jurisdiction of the State in which the act or omission occurred,

under the laws governing the licensing, regulation, or prohibition

of gambling in force at the time of such act or omission, shall be

guilty of a like offense and subject to a like punishment.

(c) For the purpose of this section, the term ''gambling'' does

not include -

(1) class I gaming or class II gaming regulated by the Indian

Gaming Regulatory Act, or

(2) class III gaming conducted under a Tribal-State compact

approved by the Secretary of the Interior under section 11(d)(8)

of the Indian Gaming Regulatory Act that is in effect.

(d) The United States shall have exclusive jurisdiction over

criminal prosecutions of violations of State gambling laws that are

made applicable under this section to Indian country, unless an

Indian tribe pursuant to a Tribal-State compact approved by the

Secretary of the Interior under section 11(d)(8) of the Indian

Gaming Regulatory Act, or under any other provision of Federal law,

has consented to the transfer to the State of criminal jurisdiction

with respect to gambling on the lands of the Indian tribe.

-SOURCE-

(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Gaming Regulatory Act, referred to in subsec. (c), is

Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, which enacted

sections 1166 to 1168 of this title and chapter 25 (Sec. 2701 et

seq.) of Title 25, Indians. Section 11(d)(8) of such Act is

classified to section 2710(d)(8) of Title 25. For complete

classification of this Act to the Code, see Short Title note set

out under section 2701 of Title 25 and Tables.

-CITE-

18 USC Sec. 1167 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1167. Theft from gaming establishments on Indian lands

-STATUTE-

(a) Whoever abstracts, purloins, willfully misapplies, or takes

and carries away with intent to steal, any money, funds, or other

property of a value of $1,000 or less belonging to an establishment

operated by or for or licensed by an Indian tribe pursuant to an

ordinance or resolution approved by the National Indian Gaming

Commission shall be fined under this title or be imprisoned for not

more than one year, or both.

(b) Whoever abstracts, purloins, willfully misapplies, or takes

and carries away with intent to steal, any money, funds, or other

property of a value in excess of $1,000 belonging to a gaming

establishment operated by or for or licensed by an Indian tribe

pursuant to an ordinance or resolution approved by the National

Indian Gaming Commission shall be fined under this title, or

imprisoned for not more than ten years, or both.

-SOURCE-

(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(S), (U),

Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(S),

substituted ''fined under this title'' for ''fined not more than

$100,000''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted

''fined under this title'' for ''fined not more than $250,000''.

-CITE-

18 USC Sec. 1168 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1168. Theft by officers or employees of gaming establishments

on Indian lands

-STATUTE-

(a) Whoever, being an officer, employee, or individual licensee

of a gaming establishment operated by or for or licensed by an

Indian tribe pursuant to an ordinance or resolution approved by the

National Indian Gaming Commission, embezzles, abstracts, purloins,

willfully misapplies, or takes and carries away with intent to

steal, any moneys, funds, assets, or other property of such

establishment of a value of $1,000 or less shall be fined not more

than $250,000 or imprisoned not more than five years, or both;

(b) Whoever, being an officer, employee, or individual licensee

of a gaming establishment operated by or for or licensed by an

Indian tribe pursuant to an ordinance or resolution approved by the

National Indian Gaming Commission, embezzles, abstracts, purloins,

willfully misapplies, or takes and carries away with intent to

steal, any moneys, funds, assets, or other property of such

establishment of a value in excess of $1,000 shall be fined not

more than $1,000,000 or imprisoned for not more than twenty years,

or both.

-SOURCE-

(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487;

amended Pub. L. 101-647, title XXXV, Sec. 3537, Nov. 29, 1990, 104

Stat. 4925.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647 substituted ''or imprisoned''

for ''and be imprisoned for''.

-CITE-

18 USC Sec. 1169 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1169. Reporting of child abuse

-STATUTE-

(a) Any person who -

(1) is a -

(A) physician, surgeon, dentist, podiatrist, chiropractor,

nurse, dental hygienist, optometrist, medical examiner,

emergency medical technician, paramedic, or health care

provider,

(B) teacher, school counselor, instructional aide, teacher's

aide, teacher's assistant, or bus driver employed by any

tribal, Federal, public or private school,

(C) administrative officer, supervisor of child welfare and

attendance, or truancy officer of any tribal, Federal, public

or private school,

(D) child day care worker, headstart teacher, public

assistance worker, worker in a group home or residential or day

care facility, or social worker,

(E) psychiatrist, psychologist, or psychological assistant,

(F) licensed or unlicensed marriage, family, or child

counselor,

(G) person employed in the mental health profession, or

(H) law enforcement officer, probation officer, worker in a

juvenile rehabilitation or detention facility, or person

employed in a public agency who is responsible for enforcing

statutes and judicial orders;

(2) knows, or has reasonable suspicion, that -

(A) a child was abused in Indian country, or

(B) actions are being taken, or are going to be taken, that

would reasonably be expected to result in abuse of a child in

Indian country; and

(3) fails to immediately report such abuse or actions described

in paragraph (2) to the local child protective services agency or

local law enforcement agency,

shall be fined under this title or imprisoned for not more than 6

months or both.

(b) Any person who -

(1) supervises, or has authority over, a person described in

subsection (a)(1), and

(2) inhibits or prevents that person from making the report

described in subsection (a),

shall be fined under this title or imprisoned for not more than 6

months or both.

(c) For purposes of this section, the term -

(1) ''abuse'' includes -

(A) any case in which -

(i) a child is dead or exhibits evidence of skin bruising,

bleeding, malnutrition, failure to thrive, burns, fracture of

any bone, subdural hematoma, soft tissue swelling, and

(ii) such condition is not justifiably explained or may not

be the product of an accidental occurrence; and

(B) any case in which a child is subjected to sexual assault,

sexual molestation, sexual exploitation, sexual contact, or

prostitution;

(2) ''child'' means an individual who -

(A) is not married, and

(B) has not attained 18 years of age;

(3) ''local child protective services agency'' means that

agency of the Federal Government, of a State, or of an Indian

tribe that has the primary responsibility for child protection on

any Indian reservation or within any community in Indian country;

and

(4) ''local law enforcement agency'' means that Federal,

tribal, or State law enforcement agency that has the primary

responsibility for the investigation of an instance of alleged

child abuse within the portion of Indian country involved.

(d) Any person making a report described in subsection (a) which

is based upon their reasonable belief and which is made in good

faith shall be immune from civil or criminal liability for making

that report.

-SOURCE-

(Added Pub. L. 101-630, title IV, Sec. 404(a)(1), Nov. 28, 1990,

104 Stat. 4547; amended Pub. L. 103-322, title XXXIII, Sec.

330011(d), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub.

L. 104-294, title VI, Sec. 604(b)(25), Oct. 11, 1996, 110 Stat.

3508.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294 amended directory language of Pub. L.

103-322, Sec. 330011(d). See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330011(d), as amended by Pub. L.

104-294, amended directory language of Pub. L. 101-630, Sec.

404(a)(1), which enacted this section.

Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K),

substituted ''fined under this title'' for ''fined not more than

$5,000'' in concluding provisions.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(d) of Pub. L. 103-322, as amended by Pub. L.

104-294, Sec. 604(b)(25), provided that the amendment made by that

section is effective on the date section 404(a) of Pub. L. 101-630

took effect.

-CITE-

18 USC Sec. 1170 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 53 - INDIANS

-HEAD-

Sec. 1170. Illegal trafficking in Native American human remains and

cultural items

-STATUTE-

(a) Whoever knowingly sells, purchases, uses for profit, or

transports for sale or profit, the human remains of a Native

American without the right of possession to those remains as

provided in the Native American Graves Protection and Repatriation

Act shall be fined in accordance with this title, or imprisoned not

more than 12 months, or both, and in the case of a second or

subsequent violation, be fined in accordance with this title, or

imprisoned not more than 5 years, or both.

(b) Whoever knowingly sells, purchases, uses for profit, or

transports for sale or profit any Native American cultural items

obtained in violation of the Native American Grave Protection and

Repatriation Act shall be fined in accordance with this title,

imprisoned not more than one year, or both, and in the case of a

second or subsequent violation, be fined in accordance with this

title, imprisoned not more than 5 years, or both.

-SOURCE-

(Added Pub. L. 101-601, Sec. 4(a), Nov. 16, 1990, 104 Stat. 3052;

amended Pub. L. 103-322, title XXXIII, Sec. 330010(4), Sept. 13,

1994, 108 Stat. 2143.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Graves Protection and Repatriation Act,

referred to in text, is Pub. L. 101-601, Nov. 16, 1990, 104 Stat.

3048, which is classified principally to chapter 32 (Sec. 3001 et

seq.) of Title 25, Indians. For complete classification of this Act

to the Code, see Short Title note set out under section 3001 of

Title 25 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''Illegal trafficking in

Native American human remains and cultural items'' for ''Illegal

Trafficking in Native American Human Remains and Cultural Items''

in section catchline.

-CITE-