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18 U.S.C. § 1154 — Intoxicants dispensed in Indian country
Federal law — U.S. Code and appendices · legal_authorities
**(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, attaché, 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
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Stable record: federal_law:legal_authorities:record_usc_665a0fec0d294205844b8f54
Source file: Laws/federal/codes/united-states-code/title-18/section-1154-intoxicants-dispensed-in-indian-country--5bec80e4cc.md
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Source location: Title 18, Chapter 53, § 1154; chapter-053-indians.md
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**(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, attaché, 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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary.
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Federal law — U.S. Code and appendices · legal_authorities
Whoever imports, brings, or transports any intoxicating liquor into any State, Territory, District, or Possession in which all sales, except for scientific, sacramental, medicinal, or mechanical purposes, of intoxicating liquor containing more than 4 per centum of alcohol by volume or 3.2 per centum of alcohol by weight are prohibited, otherwise than in the course of continuous interstate transportation through such State, Territory, District, or Possession or attempts so to do, or assists in so doing,
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 27, 1934, ch. 846, 48 Stat. 1245, related to inapplicability of liquor laws to lands outside reservations free from restrictions against alienation. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure.
#### Effective Date of Repeal
Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1156
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Federal law — U.S. Code and appendices · legal_authorities
If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 241, R.S. § 2139; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; June 15, 1938, ch. 435, § 1, 52 Stat. 696, related to sale of intoxicating liquor. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure.
Section 241a, act Mar. 1, 1895, ch. 145, § 8, 28 Stat. 697, related to punishment for sale of intoxicating liquors. See [section 1155 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1155&num=0&edition=prelim).
Section 242, acts Mar. 2, 1917, ch. 146, § 17, 39 Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302, related to manufacture and sale of alcohol in Osage County, Oklahoma. See [section 1154 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1154&num=0&edition=prelim).
Section 243, R.S. § 2139, act July 23, 1892, ch. 234, 27 Stat. 261, related to complaints, arrests, and convictions. See [section 3041 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), and rule 5 of Title 18, Appendix.
Section 244, acts May 25, 1918, ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat. 4, related to possession of intoxicating liquor in Indian country. See [section 1156 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1156&num=0&edition=prelim).
Section 244a, act Mar. 5, 1934, ch. 43, 48 Stat. 396, related to repeal of certain liquor laws affecting former Indian Territory now a part of Oklahoma. See sections 1154 to 1156 of Title 18.
Section 245, act May 18, 1916, ch. 125, § 1, 39 Stat. 124, related to possession of intoxicating liquor as prima facie evidence of unlawful production. See sections 3113 and 3488
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Federal law — U.S. Code and appendices · legal_authorities
Page 346
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1154
first par. ‘‘a felony under chapter 109A,’’ for ‘‘rape, in-
voluntary 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 moles-
tation 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 sec-
ond 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 sod-
omy, 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, in-
serting offenses of maiming, involuntary sodomy and a
felony committed under section 661 of this title and
striking o
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