18 U.S.C. § 1154 — Intoxicants dispensed in Indian country

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 out reference to larceny in first par., and in- serting ‘‘, 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 result- ing in serious bodily injury from paragraph covering the offenses of burglary and incest only, and sub- stituted 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 result- ing in serious bodily injury. 1966—Pub. L. 89–707 inserted offenses of carnal knowl- edge 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 de- fined 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENTS Amendments by Pub. L. 99–646 and Pub. L. 99–654 ef- fective, 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 Ef- fective Date note under section 2241 of this title. § 1154. Intoxicants dispensed in Indian country (a) Whoever sells, gives away, disposes of, ex- changes, or barters any malt, spirituous, or vi- nous 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 es- sence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces in- toxication, 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 Govern- ment under charge of any Indian super- intendent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and who- ever introduces or attempts to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxi- cating 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 intro- duce ardent spirits, ale, beer, wine, or intoxi- cating liquors into the Indian country that the acts charged were done under authority, in writ- ing, from the Department of the Army or any of- ficer duly authorized thereunto by the Depart- ment of the Army, but this subsection shall not bar the prosecution of any officer, soldier, sutler or storekeeper, attache´, 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. (June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, § 27, 63 Stat. 94; Pub. L. 103–322, title XXXIII, § 330016(1)(G), (I), Sept. 13, 1994, 108 Stat. 2147.) 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. § 2139; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; July 4, 1884, ch. 180, § 1, 23 Stat. 94; July 23, 1892, ch. 234, 27 Stat. 260; Mar. 2, 1917, ch. 146, § 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, § 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 unneces- sary in view of definition of ‘‘Indian country’’ in sec- tion 1151 of this title; the portion of section 241 of said title excepting liquors introduced by the War Depart- ment 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 ex- Page 347 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1156 cluded from the Indian liquor laws lands outside res- ervations where the land was no longer held by Indians under a trust patent or a deed or patent containing re- strictions 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 ‘‘In- dian 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 alien- ation and thereby achieved the same result as section 254 of title 25, U.S.C., 1940 ed., Indians. That amend- ment also repealed the act of Jan. 30, 1897, referred to in section 254 of title 25, U.S.C., 1940 ed., Indians. Inso- far as the reference in section 254 of said title to ‘‘spe- cial Indian liquor laws’’ included section 244 of title 25, U.S.C., 1940 ed., Indians, the definition of Indian coun- try 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 non- payment of fine was deleted. This change was also rec- ommended by United States District Judge T. Blake Kennedy on the ground that, otherwise, section would be practically meaningless since, in most cases, offend- ers cannot pay a fine. The exception of intoxicating liquor for scientific, sacramental, medicinal or mechanical purposes was in- serted 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)] sub- stitutes ‘‘Department of the Army’’ for ‘‘War Depart- ment’’, 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, § 205(a), 61 Stat. 501 (5 U.S.C., 1946 ed., § 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. Editorial Notes 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, § 27(a), substituted ‘‘Department of the Army’’ for ‘‘War Department’’. Subsec. (c). Act May 24, 1949, § 27(b), added subsec. (c). Executive Documents 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 em- ployees, by Reorg. Plan No. 3 of 1950, §§ 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. § 1155. Intoxicants dispensed on school site 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 fur- nishes to anyone, either for himself or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatso- ever, except for scientific, sacramental, medic- inal or mechanical purposes, whether medicated or not, or who carries, or in any manner has car- ried, into such area any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to anyone, or car- rying into such area any of such liquors or drinks, shall be fined under this title or impris- oned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 758; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 241a, 244a, of title 25, U.S.C., 1940 ed., Indians (Mar. 1, 1895, ch. 145, § 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 in- serted for the same reason that makes this exception appropriate to section 1262 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. § 1156. Intoxicants possessed unlawfully Whoever, except for scientific, sacramental, medicinal or mechanical purposes, possesses in- toxicating 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 sec- tion 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 ab- sence of a treaty or statute extending the Indian liquor laws thereto. (June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, § 28, 63 Stat. 94; Pub. L. 103–322, title XXXIII, § 330016(1)(G), (I), Sept. 13, 1994, 108 Stat. 2147.) 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, § 1, 19