18 U.S.C. § 1162 — State jurisdiction over offenses committed

Page 350 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1161 States. If such offender cannot be apprehended and brought to trial, the amount of such prop- erty 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. (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103–322, title XXXIII, § 330004(9), Sept. 13, 1994, 108 Stat. 2141.) 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 phra- seology as were necessary to effect consolidation. The phrase ‘‘or whose person was injured,’’ which fol- lowed the words ‘‘friendly Indian to whom the property may belong,’’ was deleted as meaningless. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘non-Indian’’ for ‘‘white person’’ in first par. § 1161. Application of Indian liquor laws 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 con- formity both with the laws of the State in which such act or transaction occurs and with an ordi- nance duly adopted by the tribe having jurisdic- tion over such area of Indian country, certified by the Secretary of the Interior, and published in the Federal Register. (Added Aug. 15, 1953, ch. 502, § 2, 67 Stat. 586; amended Pub. L. 98–473, title II, § 223(b), Oct. 12, 1984, 98 Stat. 2028.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘3669’’ for ‘‘3618’’. Statutory Notes and Related Subsidiaries 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. § 1162. State jurisdiction over offenses committed by or against Indians in the Indian country (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 Terri- tory: State or Territory of Indian country affected Alaska ................. All Indian country within the State, except that on Annette Is- lands, the Metlakatla Indian community may exercise juris- diction 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 ex- tended. California ............ All Indian country within the State. Minnesota ........... All Indian country within the State, except the Red Lake Res- ervation. 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, be- longing 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, agree- ment, or statute with respect to hunting, trap- ping, or fishing or the control, licensing, or reg- ulation 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. (d) Notwithstanding subsection (c), at the re- quest of an Indian tribe, and after consultation with and consent by the Attorney General— (1) sections 1152 and 1153 shall apply in the areas of the Indian country of the Indian tribe; and (2) jurisdiction over those areas shall be con- current among the Federal Government, State governments, and, where applicable, tribal governments. (Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588; amended Aug. 24, 1954, ch. 910, § 1, 68 Stat. 795; Pub. L. 85–615, § 1, Aug. 8, 1958, 72 Stat. 545; Pub. L. 91–523, §§ 1, 2, Nov. 25, 1970, 84 Stat. 1358; Pub. L. 111–211, title II, § 221(b), July 29, 2010, 124 Stat. 2272.) Editorial Notes AMENDMENTS 2010—Subsec. (d). Pub. L. 111–211 added subsec. (d). 1970—Subsec. (a). Pub. L. 91–523, § 1, substituted provi- sions relating to the jurisdiction of the State of Alaska over offenses by or against Indians in the Indian coun- Page 351 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1166 try, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over of- fenses by or against Indians in the Indian country. Subsec. (c). Pub. L. 91–523, § 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 jurisdic- tion 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 Me- nominee Tribe within the provisions of this section. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished 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. § 1163. Embezzlement and theft from Indian trib- al organizations Whoever embezzles, steals, knowingly con- verts to his use or the use of another, willfully misapplies, or willfully permits to be mis- applied, 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, con- ceals, 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 im- prisoned not more than one year, or both. As used in this section, the term ‘‘Indian trib- al organization’’ means any tribe, band, or com- munity 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. (Added Aug. 1, 1956, ch. 822, § 2, 70 Stat. 792; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) Editorial Notes 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’’. § 1164. Destroying boundary and warning signs Whoever willfully destroys, defaces, or re- moves any sign erected by an Indian tribe, or a Government agency (1) to indicate the boundary of an Indian reservation or of any Indian coun- try as defined in section 1151 of this title or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful author- ity or permission, shall be fined under this title or imprisoned not more than six months, or both. (Added Pub. L. 86–634, § 1, July 12, 1960, 74 Stat. 469; amended Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’. § 1165. Hunting, trapping, or fishing on Indian land Whoever, without lawful authority or permis- sion, 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 for- feited. (Added Pub. L. 86–634, § 2, July 12, 1960, 74 Stat. 469; amended Pub. L. 103–322, title XXXIII, § 330016(1)(D), Sept. 13, 1994, 108 Stat. 2146.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $200’’. § 1166. Gambling in Indian country (a) Subject to subsection (c), for purposes of Federal law, all State laws pertaining to the li- censing, 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 en- actment 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, regula- tion, 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 regu- lated by the Indian Gaming Regulatory Act, or (2) class III gaming conducted under a Trib- al-State compact approved by the Secretary of the Interior under section 11(d)(8) of the In- dian Gaming Regulatory Act that is in effect. (d) The United States shall have exclusive ju- risdiction over criminal prosecutions of viola-