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CITE

    18 USC Sec. 1159                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1159. Misrepresentation of Indian produced goods and products

STATUTE

      (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) Whoever knowingly violates subsection (a) shall -
        (1) in the case of a first violation, if an individual, be
      fined not more than $250,000 or imprisoned 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 subsequent 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.
      (c) As used in this section -
        (1) the term "Indian" means any individual who is a member of
      an Indian tribe, or for the purposes of this section is certified
      as an Indian artisan by an Indian tribe;
        (2) the terms "Indian product" and "product of a particular
      Indian tribe or Indian arts and crafts organization" has the
      meaning given such term in regulations which may be promulgated
      by the Secretary of the Interior;
        (3) the term "Indian tribe" means -
          (A) any Indian tribe, band, nation, Alaska Native village, or
        other organized group or community which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians; or
          (B) any Indian group that has been formally recognized as an
        Indian tribe by a State legislature or by a State commission or
        similar organization legislatively vested with State tribal
        recognition authority; and
        (4) the term "Indian arts and crafts organization" means any
      legally established arts and crafts marketing organization
      composed of members of Indian tribes.
      (d) In the event that any provision of this section is held
    invalid, it is the intent of Congress that the remaining provisions
    of this section shall continue in full force and effect.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I,
    Sec. 104(a), Nov. 29, 1990, 104 Stat. 4663.)

HISTORICAL AND REVISION NOTES

      Based on section 305e of title 25, U.S.C., 1940 ed., Indians
    (Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893).
      The reference to the offense as a misdemeanor was omitted as
    unnecessary in view of the definition of misdemeanor in section 1
    of this title.
      The last paragraph of section 305e of title 25, U.S.C., 1940 ed.,
    relating to duty of district attorney to prosecute violations of
    such section, will be incorporated in title 28, U.S. Code.
      Maximum fine of $2,000 was changed 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.
                                AMENDMENTS
      1990 - Pub. L. 101-644 substituted "Misrepresentation of Indian
    produced goods and products" for "Misrepresentation in sale of
    products" in section catchline and amended text generally. Prior to
    amendment, text read as follows: "Whoever willfully offers or
    displays for sale any goods, with or without any Government trade
    mark, as Indian products or Indian products of a particular Indian
    tribe or group, resident within the United States or the Territory
    of Alaska, when such person knows such goods are not Indian
    products or are not Indian products of the particular Indian tribe
    or group, shall be fined not more than $500 or imprisoned not more
    than six months, or both."
                     CERTIFICATION OF INDIAN ARTISANS
      For purposes of this section, an Indian tribe may not impose fee
    to certify individual as Indian artisan, with "Indian tribe" having
    same meaning as in subsec. (c)(3) of this section, see section 107
    of Pub. L. 101-644, set out as a note under section 305e of Title
    25, Indians.
                       ADMISSION OF ALASKA AS STATE
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.