18 U.S.C. § 1159 — Misrepresentation of Indian produced

Page 348 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 1157 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; May 25, 1918, ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat. 4; 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). The revision of section 244 of title 25, U.S.C., 1940 ed., Indians, conforms with the effect thereon of sections 241, 244a, and 254 of said title. The provisions relating to scope of term ‘‘Indian country’’ were omitted as unnecessary in view of defi- nition of ‘‘Indian country’’ in section 1151 of this title. Mandatory punishment provisions were rephrased in the alternative and provision for commitment for non- payment of fine was deleted. Such change was also rec- ommended by United States District Judge T. Blake Kennedy. (See reviser’s note under section 1154 of this title.) 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 This section [section 28] adds to section 1156 of title 18, U.S.C., a paragraph to conform this section and sec- tion 1154 of such title more closely to the laws relating to intoxicating liquors in the Indian country as they have been heretofore construed. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ after ‘‘first of- fense, be’’ and for ‘‘fined not more than $2,000’’ after ‘‘subsequent offense, be’’ in first par. 1949—Act May 24, 1949, inserted last par. [§ 1157. Repealed. Pub. L. 85–86, July 10, 1957, 71 Stat. 277] Section, acts June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, § 29, 63 Stat. 94; Aug. 15, 1953, ch. 506, § 2(a), 67 Stat. 590, prohibited purchase of Indian-owned livestock subject to unpaid loans from Federal revolv- ing fund or from tribal loan funds. § 1158. Counterfeiting Indian Arts and Crafts Board trade mark Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Depart- ment of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or re- ceptacles intended to be used upon or in connec- tion with the sale of such products; or Whoever knowingly makes any false state- ment for the purpose of obtaining the use of any such Government trade mark— Shall (1) in the case of a first violation, if an individual, be fined under this title or impris- oned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subse- quent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3) shall be enjoined from further carrying on the act or acts complained of. (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, § 106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103–322, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.) HISTORICAL AND REVISION NOTES Based on section 305d of title 25, U.S.C., 1940 ed., Indi- ans (Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892). The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of mis- demeanor in section 1 of this title. The words ‘‘upon conviction thereof’’ were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Maximum fine was changed from $2,000 to $500 to bring the offense within the category of petty offenses defined by section 1 of this title. (See reviser’s note under section 1157 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 $250,000’’ in third par. 1990—Pub. L. 101–644, in third par., added cls. (1) and (2), struck out ‘‘be fined not more than $500 or impris- oned not more than six months, or both; and’’ after ‘‘Shall’’, and designated remaining provision at end as cl. (3). 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. § 1159. Misrepresentation of Indian produced goods and products (a) It is unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States. (b) PENALTY.—Any person that knowingly vio- lates subsection (a) shall— (1) in the case of a first violation by that person— (A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more— (i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and (ii) in the case of a person other than an individual, be fined not more than $1,000,000; and (B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000— (i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and Page 349 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1160 1 See References in Text note below. (ii) in the case of a person other than an individual, be fined not more than $100,000; and (2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold— (A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and (B) in the case of a person other than an individual, be fined not more than $5,000,000. (c) As used in this section— (1) the term ‘‘Indian’’ means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an In- dian artisan by an Indian tribe; (2) the terms ‘‘Indian product’’ and ‘‘product of a particular Indian tribe or Indian arts and crafts organization’’ has the meaning given such term in regulations which may be pro- mulgated by the Secretary of the Interior; (3) the term ‘‘Indian tribe’’— (A) has the meaning given the term in sec- tion 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); 1 and (B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— (i) a State legislature; (ii) a State commission; or (iii) another similar organization vested with State legislative tribal recognition authority; and (4) the term ‘‘Indian arts and crafts organi- zation’’ means any legally established arts and crafts marketing organization composed of members of Indian tribes. (d) In the event that any provision of this sec- tion is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect. (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, § 104(a), Nov. 29, 1990, 104 Stat. 4663; Pub. L. 111–211, title I, § 103, July 29, 2010, 124 Stat. 2260.) HISTORICAL AND REVISION NOTES Based on section 305e of title 25, U.S.C., 1940 ed., Indi- ans (Aug. 27, 1935, ch. 748, § 6, 49 Stat. 893). The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of mis- demeanor in section 1 of this title. The last paragraph of section 305e of title 25, U.S.C., 1940 ed., relating to duty of district attorney to pros- ecute violations of such section, will be incorporated in title 28, U.S. Code. Maximum fine of $2,000 was changed to $500 to bring the offense within the category of petty offenses de- fined by section 1 of this title. (See reviser’s note under section 1157 of this title.) Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450b), referred to in subsec. (c)(3)(A), was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–211, § 103(1), added sub- sec. (b) and struck out former subsec. (b) which read as follows: ‘‘Whoever knowingly violates subsection (a) shall— ‘‘(1) in the case of a first violation, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and ‘‘(2) in the case of subsequent violations, if an indi- vidual, be fined not more than $1,000,000 or impris- oned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000.’’ Subsec. (c)(3). Pub. L. 111–211, § 103(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘the term ‘Indian tribe’ means— ‘‘(A) any Indian tribe, band, nation, Alaska Native village, or other organized group or community which is recognized as eligible for the special pro- grams and services provided by the United States to Indians because of their status as Indians; or ‘‘(B) any Indian group that has been formally recog- nized as an Indian tribe by a State legislature or by a State commission or similar organization legisla- tively vested with State tribal recognition authority; and’’. 1990—Pub. L. 101–644 substituted ‘‘Misrepresentation of Indian produced goods and products’’ for ‘‘Misrepre- sentation in sale of products’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Whoever willfully offers or displays for sale any goods, with or without any Government trade mark, as Indian products or Indian products of a par- ticular Indian tribe or group, resident within the United States or the Territory of Alaska, when such person knows such goods are not Indian products or are not Indian products of the particular Indian tribe or group, shall be fined not more than $500 or imprisoned not more than six months, or both.’’ Statutory Notes and Related Subsidiaries CERTIFICATION OF INDIAN ARTISANS For purposes of this section, an Indian tribe may not impose fee to certify individual as Indian artisan, with ‘‘Indian tribe’’ having same meaning as in subsec. (c)(3) of this section, see section 107 of Pub. L. 101–644, set out as a note under section 305e of Title 25, Indians. 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. § 1160. Property damaged in committing offense Whenever a non-Indian, in the commission of an offense within the Indian country takes, in- jures or destroys the property of any friendly In- dian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed. If such offender shall be unable to pay a sum at least equal to the just value or amount, what- ever such payment shall fall short of the same shall be paid out of the Treasury of the United