18 U.S.C. § 1170 — Illegal trafficking in Native American

Page 353 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1170 (b) Any person who— (1) supervises, or has authority over, a per- son 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, fail- ure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and (ii) such condition is not justifiably ex- plained or may not be the product of an ac- cidental 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 Govern- ment, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any com- munity 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 coun- try involved. (d) Any person making a report described in subsection (a) which is based upon their reason- able belief and which is made in good faith shall be immune from civil or criminal liability for making that report. (Added Pub. L. 101–630, title IV, § 404(a)(1), Nov. 28, 1990, 104 Stat. 4547; amended Pub. L. 103–322, title XXXIII, §§ 330011(d), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub. L. 104–294, title VI, § 604(b)(25), Oct. 11, 1996, 110 Stat. 3508.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 amended directory language of Pub. L. 103–322, § 330011(d). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330011(d), as amended by Pub. L. 104–294, amended directory language of Pub. L. 101–630, § 404(a)(1), which enacted this section. Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(K), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in concluding provisions. Statutory Notes and Related Subsidiaries 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 Pub. L. 103–322, title XXXIII, § 330011(d), Sept. 13, 1994, 108 Stat. 2144, as amended by Pub. L. 104–294, title VI, § 604(b)(25), Oct. 11, 1996, 110 Stat. 3508, provided that the amendment made by section 330011(d) is effective on the date section 404(a) of Pub. L. 101–630 took effect. § 1170. Illegal trafficking in Native American human remains and cultural items (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 pro- vided in the Native American Graves Protection and Repatriation Act shall be fined in accord- ance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both. (b) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in vio- lation of the Native American Grave Protection and Repatriation Act shall be fined in accord- ance 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 10 years, or both. (Added Pub. L. 101–601, § 4(a), Nov. 16, 1990, 104 Stat. 3052; amended Pub. L. 103–322, title XXXIII, § 330010(4), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 117–258, § 4, Dec. 21, 2022, 136 Stat. 2374.) Editorial Notes REFERENCES IN TEXT The Native American Graves Protection and Repatri- ation Act, referred to in text, is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For com- plete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Ta- bles. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–258 substituted ‘‘1 year and 1 day’’ for ‘‘12 months’’ and ‘‘10 years’’ for ‘‘5 years’’. Subsec. (b). Pub. L. 117–258, § 4(1), substituted ‘‘10 years’’ for ‘‘5 years’’. 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 catch- line. CHAPTER 55—KIDNAPPING Sec. 1201. Kidnapping. 1202. Ransom money. 1203. Hostage taking. 1204. International parental kidnapping. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title by ‘‘striking ‘kidnaping’ each place it appears and inserting ‘kidnapping’ ’’, was executed by sub- stituting ‘‘KIDNAPPING’’ for ‘‘KIDNAPING’’ in chap- ter heading and ‘‘Kidnapping’’ for ‘‘Kidnaping’’ in item 1201, to reflect the probable intent of Congress. 1993—Pub. L. 103–173, § 2(c), Dec. 2, 1993, 107 Stat. 1999, added item 1204.