Page 321 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1153

for ‘‘Illegal Trafficking in Native American Human Remains 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 communities within the borders of the United States

whether within the original or subsequently acquired 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 running 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 punishable 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 applicable 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 country’’ 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 provided in sections 1154 and 1156 of this title’’, incorporates in this section the limitations of the term ‘‘Indian country’’ which are added to sections 1154 and 1156

by sections 27 and 28 of this bill.

AMENDMENTS

1949—Act May 24, 1949, incorporated the limitations

of term ‘‘Indian country’’ which are contained in sections 1154 and 1156 of this title.

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 committed by one Indian against the person or property of another Indian, nor to any Indian committing 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 phraseology.

§ 1153. Offenses committed within Indian country

(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this

title), an assault against an individual 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 persons committing