18 U.S.C. § 1169 — Reporting of child abuse

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. 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.