18 U.S.C. § 1156 — Intoxicants possessed unlawfully

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 That amend- ment also repealed the act of Jan. 30, 1897, referred to in section 254 of title 25, U.S.C., 1940 ed., Indians.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