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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