18 U.S.C. § 1166 — Gambling in Indian country

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- Page 352 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1167 tions of State gambling laws that are made ap- plicable 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 pro- vision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the In- dian tribe. (Added Pub. L. 100–497, § 23, Oct. 17, 1988, 102 Stat. 2487.) Editorial Notes 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 (§ 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. § 1167. Theft from gaming establishments on In- dian lands (a) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with in- tent to steal, any money, funds, or other prop- erty 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 res- olution 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 in- tent to steal, any money, funds, or other prop- erty of a value in excess of $1,000 belonging to a gaming establishment operated by or for or li- censed by an Indian tribe pursuant to an ordi- nance or resolution approved by the National In- dian Gaming Commission shall be fined under this title, or imprisoned for not more than ten years, or both. (Added Pub. L. 100–497, § 23, Oct. 17, 1988, 102 Stat. 2487; amended Pub. L. 103–322, title XXXIII, § 330016(1)(S), (U), Sept. 13, 1994, 108 Stat. 2148.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(S), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $100,000’’. Subsec. (b). Pub. L. 103–322, § 330016(1)(U), substituted ‘‘fined under this title’’ for ‘‘fined not more than $250,000’’. § 1168. Theft by officers or employees of gaming establishments on Indian lands (a) Whoever, being an officer, employee, or in- dividual licensee of a gaming establishment op- erated 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 in- tent 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 in- dividual licensee of a gaming establishment op- erated 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 in- tent to steal, any moneys, funds, assets, or other property of such establishment of a value in ex- cess of $1,000 shall be fined not more than $1,000,000 or imprisoned for not more than twen- ty years, or both. (Added Pub. L. 100–497, § 23, Oct. 17, 1988, 102 Stat. 2487; amended Pub. L. 101–647, title XXXV, § 3537, Nov. 29, 1990, 104 Stat. 4925.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647 substituted ‘‘or im- prisoned’’ for ‘‘and be imprisoned for’’. § 1169. Reporting of child abuse (a) Any person who— (1) is a— (A) physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, op- tometrist, medical examiner, emergency medical technician, paramedic, or health care provider, (B) teacher, school counselor, instruc- tional aide, teacher’s aide, teacher’s assist- ant, or bus driver employed by any tribal, Federal, public or private school, (C) administrative officer, supervisor of child welfare and attendance, or truancy of- ficer of any tribal, Federal, public or private school, (D) child day care worker, headstart teach- er, public assistance worker, worker in a group home or residential or day care facil- ity, or social worker, (E) psychiatrist, psychologist, or psycho- logical assistant, (F) licensed or unlicensed marriage, fam- ily, or child counselor, (G) person employed in the mental health profession, or (H) law enforcement officer, probation offi- cer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforc- ing 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 coun- try; 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.