18 U.S.C. § 1152 — Laws governing

Page 344 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1151 Sec. 1158. Counterfeiting Indian Arts and Crafts Board trade mark. 1159. Misrepresentation of Indian produced goods and products. 1160. Property damaged in committing offense. 1161. Application of Indian liquor laws. 1162. State jurisdiction over offenses committed by or against Indians in the Indian country. 1163. Embezzlement and theft from Indian tribal organizations. 1164. Destroying boundary and warning signs. 1165. Hunting, trapping, or fishing on Indian land. 1166. Gambling in Indian country. 1167. Theft from gaming establishments on Indian lands. 1168. Theft by officers or employees of gaming es- tablishments on Indian lands. 1169. Reporting of child abuse. 1170. Illegal trafficking in Native American human remains and cultural items. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 604(b)(26), Oct. 11, 1996, 110 Stat. 3508, directed that item 1169 be transferred to appear after item 1168. Pub. L. 104–294, title VI, § 604(b)(25), Oct. 11, 1996, 110 Stat. 3508, amended directory language of Pub. L. 103–322, § 330011(d), which amended Pub. L. 101–630, § 404(a)(2). See 1990 Amendment note below. 1994—Pub. L. 103–322, title XXXIII, § 330010(5), Sept. 13, 1994, 108 Stat. 2143, substituted ‘‘Illegal trafficking in Native American human remains and cultural items’’ for ‘‘Illegal Trafficking in Native American Human Re- mains and Cultural Items’’ in item 1170. 1990—Pub. L. 101–647, title XXXV, § 3536, Nov. 29, 1990, 104 Stat. 4925, struck out item 1157 ‘‘Livestock sold or removed’’. Pub. L. 101–644, title I, § 104(b), Nov. 29, 1990, 104 Stat. 4663, substituted ‘‘Misrepresentation of Indian produced goods and products’’ for ‘‘Misrepresentation in sale of products’’ in item 1159. Pub. L. 101–630, title IV, § 404(a)(2), Nov. 28, 1990, 104 Stat. 4548, as amended, effective on the date section 404(a)(2) of Pub. L. 101–630 took effect, by 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, added item 1169. Pub. L. 101–601, § 4(b), Nov. 16, 1990, 104 Stat. 3052, added item 1170. 1988—Pub. L. 100–497, § 24, Oct. 17, 1988, 102 Stat. 2488, added items 1166, 1167, and 1168. 1960—Pub. L. 86–634, § 3, July 12, 1960, 74 Stat. 469, added items 1164 and 1165. 1956—Act Aug. 1, 1956, ch. 822, § 1, 70 Stat. 792, added item 1163. 1953—Act Aug. 15, 1953, ch. 502, § 1, 67 Stat. 586, added item 1161. Act Aug. 15, 1953, ch. 505, § 1, 67 Stat. 588, added item 1162. § 1151. Indian country defined Except as otherwise provided in sections 1154 and 1156 of this title, the term ‘‘Indian country’’, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian com- munities within the borders of the United States whether within the original or subsequently ac- quired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way run- ning through the same. (June 25, 1948, ch. 645, 62 Stat. 757; May 24, 1949, ch. 139, § 25, 63 Stat. 94.) HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 548 and 549 of title 18, and sections 212, 213, 215, 217, 218 of title 25, Indians, U.S. Code, 1940 ed. (R.S. §§ 2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318; Mar. 4, 1909, ch. 321, §§ 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337). This section consolidates numerous conflicting and inconsistent provisions of law into a concise statement of the applicable law. R.S. §§ 2145, 2146 (U.S.C., title 25, §§ 217, 218) extended to the Indian country with notable exceptions the criminal laws of the United States applicable to places within the exclusive jurisdiction of the United States. Crimes of Indians against Indians, and crimes punish- able by tribal law were excluded. The confusion was not lessened by the cases of U.S. v. McBratney, 104 U.S. 622 and Draper v. U.S., 17 S.Ct. 107, holding that crimes in Indian country by persons not Indians are not cognizable by Federal courts in absence of reservation or cession of exclusive jurisdiction appli- cable to places within the exclusive jurisdiction of the United States. Because of numerous statutes applicable only to Indians and prescribing punishment for crimes committed by Indians against Indians, ‘‘Indian coun- try’’ was defined but once. (See act June 30, 1834, ch. 161, § 1, 4, Stat. 729, which was later repealed.) Definition is based on latest construction of the term by the United States Supreme Court in U.S. v. McGowan, 58 S.Ct. 286, 302 U.S. 535, following U.S. v. Sandoval, 34 S.Ct. 1, 5, 231 U.S. 28, 46. (See also Donnelly v. U.S., 33 S.Ct. 449, 228 U.S. 243; and Kills Plenty v. U.S., 133 F.2d 292, certiorari denied, 1943, 63 S.Ct. 1172). (See reviser’s note under section 1153 of this title.) Indian allotments were included in the definition on authority of the case of U.S. v. Pelican, 1913, 34 S.Ct. 396, 232 U.S. 442, 58 L.Ed. 676. 1949 ACT This section [section 25], by adding to section 1151 of title 18, U.S.C., the phrase ‘‘except as otherwise pro- vided in sections 1154 and 1156 of this title’’, incor- porates in this section the limitations of the term ‘‘In- dian country’’ which are added to sections 1154 and 1156 by sections 27 and 28 of this bill. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, incorporated the limitations of term ‘‘Indian country’’ which are contained in sec- tions 1154 and 1156 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–297, § 1, May 29, 1976, 90 Stat. 585, provided: ‘‘That this Act [amending sections 113, 1153, and 3242 of this title] may be cited as the ‘Indian Crimes Act of 1976’.’’ § 1152. Laws governing Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country. This section shall not extend to offenses com- mitted by one Indian against the person or prop- Page 345 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1153 erty of another Indian, nor to any Indian com- mitting any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. (June 25, 1948, ch. 645, 62 Stat. 757.) HISTORICAL AND REVISION NOTES Based on sections 215, 217, 218 of title 25, U.S.C., 1940 ed., Indians (R.S. 2144, 2145, 2146; Feb. 18, 1875, ch. 80, §§ 1, 18 Stat. 318). Section consolidates said sections 217 and 218 of title 25, U.S.C., 1940 ed., Indians, and omits section 215 of said title as covered by the consolidation. See reviser’s note under section 1153 of this title as to effect of consolidation of sections 548 and 549 of title 18, U.S.C., 1940 ed. Minor changes were made in translations and phrase- ology. § 1153. Offenses committed within Indian country (a) Any Indian who commits against the per- son or property of another Indian or other per- son any of the following offenses, namely, mur- der, manslaughter, kidnapping, maiming, a fel- ony under chapter 109A, incest, a felony assault under section 113, an assault against an indi- vidual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other per- sons committing any of the above offenses, within the exclusive jurisdiction of the United States. (b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive juris- diction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense. (June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, § 26, 63 Stat. 94; Pub. L. 89–707, § 1, Nov. 2, 1966, 80 Stat. 1100; Pub. L. 90–284, title V, § 501, Apr. 11, 1968, 82 Stat. 80; Pub. L. 94–297, § 2, May 29, 1976, 90 Stat. 585; Pub. L. 98–473, title II, § 1009, Oct. 12, 1984, 98 Stat. 2141; Pub. L. 99–303, May 15, 1986, 100 Stat. 438; Pub. L. 99–646, § 87(c)(5), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(5), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100–690, title VII, § 7027, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103–322, title XVII, § 170201(e), title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2043, 2150; Pub. L. 109–248, title II, § 215, July 27, 2006, 120 Stat. 617; Pub. L. 113–4, title IX, § 906(b), Mar. 7, 2013, 127 Stat. 125.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., §§ 548, 549 (Mar. 4, 1909, ch. 321, §§ 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337). Section consolidates said sections 548 and 549 of title 18, U.S.C., 1940 ed. Section 548 of said title covered 10 crimes. Section 549 of said title covered the same ex- cept robbery and incest. The 1932 amendment of section 548 of title 18, U.S.C., 1940 ed., constituting the last paragraph of the section, is omitted and section 549 of said title to which it ap- plied likewise is omitted. The revised section therefore suffices to cover prosecution of the specific offenses committed on all reservations as intended by Congress. Words ‘‘Indian country’’ were substituted for lan- guage relating to jurisdiction extending to reservations and rights-of-way, in view of definitive section 1151 of this title. Paul W. Hyatt, president, board of commissioners, Idaho State Bar, recommended that said section 548 be considered with other sections in title 25, Indians, U.S.C., 1940 ed., and revised to insure certainty as to questions of jurisdiction, and punishment on convic- tion. Insofar as the recommendation came within the scope of this revision, it was followed. The proviso in said section 548 of title 18, U.S.C., 1940 ed., which provided that rape should be defined in ac- cordance with the laws of the State in which the of- fense was committed, was changed to include burglary so as to clarify the punishment for that offense. Venue provisions of said section 548 of title 18, U.S.C., 1940 ed., are incorporated in section 3242 of this title. Section 549 of title 18, U.S.C., 1940 ed., conferred spe- cial jurisdiction on the United States District Court for South Dakota of all crimes of murder, manslaughter, rape, assault with intent to kill, assault with a dan- gerous weapon, arson, burglary, and larceny committed within the limits of any Indian reservation within the State, whether by or against Indians or non-Indians. The Act of February 2, 1903, 32 Stat. 793, from which said section 549 was derived, accepted the cession by South Dakota of such jurisdiction. The effect of revised sections 1151, 1152, and 1153 of this title is to deprive the United States District Court for the District of South Dakota of jurisdiction of of- fenses on Indian reservations committed by non-Indi- ans against non-Indians and to restore such jurisdic- tion to the courts of the State of South Dakota as in other States. This reflects the views of the United States attorney, George Philip, of the district of South Dakota. Minor changes were made in translation and phrase- ology. 1949 ACT This section [section 26] removes an ambiguity in section 1153 of title 18, U.S.C., by eliminating the provi- sion that the crime of rape in the Indian country is to be punished in accordance with the law of the State where the offense was committed, leaving the defini- tion of the offense to be determined by State law, but providing that punishment of rape of an Indian by an Indian is to be by imprisonment at the discretion of the court. The offense of rape, other than rape of an Indian by an Indian within the Indian country, is covered by section 2031 of title 18, U.S.C., and the offense of bur- glary by sections 1152 and 3242 of such title. Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 113–4 substituted ‘‘a felony assault under section 113’’ for ‘‘assault with intent to commit murder, assault with a dangerous weapon, as- sault resulting in serious bodily injury (as defined in section 1365 of this title)’’. 2006—Subsec. (a). Pub. L. 109–248 inserted ‘‘felony child abuse or neglect,’’ after ‘‘years,’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘kidnap- ping’’ for ‘‘kidnaping’’ and inserted ‘‘(as defined in sec- tion 1365 of this title), an assault against an individual who has not attained the age of 16 years’’ after ‘‘serious bodily injury’’. 1988—Subsec. (a). Pub. L. 100–690 substituted ‘‘maim- ing, a felony under chapter 109A, incest’’ for ‘‘ ‘maim- ing’ and all that follows through ‘incest’ ’’, thus clari- fying execution of amendment by Pub. L. 99–646 and Pub. L. 99–654 but resulting in no change in text. See 1986 Amendment note below. 1986—Pub. L. 99–646 and Pub. L. 99–654 which directed that section be amended identically by substituting in