§1152 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Federal criminal laws that apply in places under the United States' exclusive control (but not the District of Columbia) also apply in Indian country, unless another law says otherwise. In other words, many U.S. punishments for crimes reach into Indian country the same way they do elsewhere under federal control. Those federal rules do not cover three situations: when one Indian commits a crime against another Indian, when an Indian has already been punished by tribal law for the same act, or when a treaty gives the tribe sole authority over those offenses.

Title 18, §1152

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 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 section 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 section 548 and 549 of title 18, U.S.C., 1940 ed. Minor changes were made in translations and phraseology.

§1152 Laws governing

Summary

Title 18, §1152

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata