§1156 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Having alcohol in Indian country or in places a treaty or law bans is illegal except for scientific, religious, medical, or mechanical use. Penalties are fines, jail, or both—first offense up to 1 year; later offenses up to 5 years. Indian country does not include certain fee‑patented non‑Indian lands or rights‑of‑way unless a treaty or statute makes those liquor rules apply.

Title 18, §1156

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, except for scientific, sacramental, medicinal or mechanical purposes, possesses intoxicating liquors in the Indian country or where the introduction is prohibited by treaty or an Act of Congress, shall, for the first offense, be fined under this title or imprisoned not more than one year, or both; and, for each subsequent offense, be fined under this title or imprisoned not more than five years, or both. The term “Indian country” as used in this section does not include fee-patented lands in non-Indian communities or rights-of-way through Indian reservations, and this section does not apply to such lands or rights-of-way in the absence of a treaty or statute extending the Indian liquor laws thereto.

Notes & Related Subsidiaries

Historical and Revision Notes

1948 ActBased on section 241, 244, 244a, 254 of title 25, U.S.C., 1940 ed., Indians (R.S. 2139; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244;

July 23, 1892, ch. 234, 27 Stat. 260;

May 25, 1918, ch. 86, § 1, 40 Stat. 563;

June 30, 1919, ch. 4, § 1, 41 Stat. 4; Mar. 5, 1934, ch. 43, 48 Stat. 396;

June 27, 1934, ch. 846, 48 Stat. 1245;

June 15, 1938, ch. 435, § 1, 52 Stat. 696). The revision of section 244 of title 25, U.S.C., 1940 ed., Indians, conforms with the effect thereon of section 241, 244a, and 254 of said title. The provisions relating to scope of term “Indian country” were omitted as unnecessary in view of definition of “Indian country” in section 1151 of this title. Mandatory punishment provisions were rephrased in the alternative and provision for commitment for nonpayment of fine was deleted. Such change was also recommended by United States District Judge T. Blake Kennedy. (See reviser’s note under section 1154 of this title.) The exception of intoxicating liquor for scientific, sacramental, medicinal or mechanical purposes was inserted for the same reason that makes this exception appropriate to section 1262 of this title. Minor changes were made in phraseology. 1949 ActThis section [section 28] adds to section 1156 of title 18, U.S.C., a paragraph to conform this section and section 1154 of such title more closely to the laws relating to intoxicating liquors in the Indian country as they have been heretofore construed.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” after “first offense, be” and for “fined not more than $2,000” after “subsequent offense, be” in first par. 1949—Act May 24, 1949, inserted last par.

§1156 Intoxicants possessed unlawfully