18 U.S.C. § 1155 — Intoxicants dispensed on school site

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 That amend- ment also repealed the act of Jan. 30, 1897, referred to in section 254 of title 25, U.S.C., 1940 ed., Indians.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