CITE

    18 USC Sec. 1153                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 53 - INDIANS

HEAD

    Sec. 1153. Offenses committed within Indian country

STATUTE

      (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 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 jurisdiction 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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, Sec.
    26, 63 Stat. 94; Pub. L. 89-707, Sec. 1, Nov. 2, 1966, 80 Stat.
    1100; Pub. L. 90-284, title V, Sec. 501, Apr. 11, 1968, 82 Stat.
    80; Pub. L. 94-297, Sec. 2, May 29, 1976, 90 Stat. 585; Pub. L. 98-
    473, title II, Sec. 1009, Oct. 12, 1984, 98 Stat. 2141; Pub. L. 99-
    303, May 15, 1986, 100 Stat. 438; Pub. L. 99-646, Sec. 87(c)(5),
    Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec. 3(a)(5), Nov.
    14, 1986, 100 Stat. 3663; Pub. L. 100-690, title VII, Sec. 7027,
    Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title XVII, Sec.
    170201(e), title XXXIII, Sec. 330021(1), Sept. 13, 1994, 108 Stat.
    2043, 2150; Pub. L. 109-248, title II, Sec. 215, July 27, 2006, 120
    Stat. 617.)

HISTORICAL AND REVISION NOTES

                                 1948 ACT
      Based on title 18, U.S.C., 1940 ed., Secs. 548, 549 (Mar. 4,
    1909, ch. 321, Secs. 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch.
    231, Sec. 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 except 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 applied 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 language 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
    conviction. 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 accordance with the
    laws of the State in which the offense 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 special
    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 dangerous 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 offenses on Indian reservations
    committed by non-Indians against non-Indians and to restore such
    jurisdiction 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 phraseology.
                                 1949 ACT
      This section [section 26] removes an ambiguity in section 1153 of
    title 18, U.S.C., by eliminating the provision 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
    definition 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 burglary by sections 1152 and 3242 of such title.
                                AMENDMENTS
      2006 - Subsec. (a). Pub. L. 109-248 inserted "felony child abuse
    or neglect," after "years,".
      1994 - Subsec. (a). Pub. L. 103-322 substituted "kidnapping" for
    "kidnaping" and inserted "(as defined in section 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 "maiming, a
    felony under chapter 109A, incest" for " 'maiming' and all that
    follows through 'incest' ", thus clarifying 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 first par. "a
    felony under chapter 109A," for "rape, involuntary sodomy, carnal
    knowledge of any female, not his wife, who has not attained the age
    of sixteen years, assault with intent to commit rape," and by
    striking out in second and third pars. ", involuntary sodomy," was
    executed by making the substitution in subsec. (a) for "rape,
    involuntary sodomy, felonious sexual molestation of a minor, carnal
    knowledge of any female, not his wife, who has not attained the age
    of sixteen years, assault with intent to commit rape," to reflect
    the probable intent of Congress in view of prior amendment of this
    section by Pub. L. 99-303, but amendment to second and third pars.
    could not be executed because such pars. were struck out by Pub. L.
    99-303.
      Pub. L. 99-303 inserted section catchline which had been
    eliminated by general amendment by section 1009 of Pub. L. 98-473,
    designated first par. as subsec. (a) and inserted "felonious sexual
    molestation of a minor,", struck out second par. which provided
    that, as used in this section, the offenses of burglary,
    involuntary sodomy, and incest 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, and struck
    out third par. and restated the provisions thereof in a new subsec.
    (b), substituting "Any offense referred to in subsection (a) of
    this section that is" for "In addition to the offenses of burglary,
    involuntary sodomy, and incest, any other of the above offenses
    which are".
      1984 - Pub. L. 98-473 amended section generally, inserting
    offenses of maiming, involuntary sodomy and a felony committed
    under section 661 of this title and striking out reference to
    larceny in first par., and inserting ", involuntary sodomy," after
    "burglary" in third par.
      1976 - Pub. L. 94-297 made changes in phraseology, added offense
    of kidnapping to the enumerated list of offenses subjecting any
    Indian to the same laws and penalties as all other persons, struck
    out applicability to assault with a dangerous weapon and assault
    resulting in serious bodily injury from paragraph covering the
    offenses of burglary and incest only, and substituted paragraph,
    relating to offenses in addition to offenses of burglary and
    incest, for paragraph relating to offenses of rape and assault with
    intent to commit rape.
      1968 - Pub. L. 90-284 inserted offense of assault resulting in
    serious bodily injury.
      1966 - Pub. L. 89-707 inserted offenses of carnal knowledge and
    assault with intent to commit rape, defined and proscribed the
    punishment for assault with intent to commit rape in accordance
    with the laws of the State in which the offense was committed, and
    required assault with a dangerous weapon and incest to be defined
    and punished in accordance with the laws of the State in which the
    offense was committed.
      1949 - Act May 24, 1949, struck out provision that the crime of
    rape is to be punished in accordance with the law of the State
    where the offense was committed and in lieu inserted provision
    leaving punishment up to the discretion of the court.
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,
    respectively, 30 days after Nov. 10, 1986, and 30 days after Nov.
    14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.
    L. 99-654, set out as an Effective Date note under section 2241 of
    this title.
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