§1159 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is illegal to offer, display, or sell goods in a way that falsely says they were made by American Indians, a specific tribe, or an Indian arts and crafts group, whether or not a government trademark is used. If someone knowingly breaks this rule, penalties depend on whether it is the first or a later offense and on the total price. For a first offense of $1,000 or more, an individual can be fined up to $250,000 and jailed up to 5 years, or both, and a business can be fined up to $1,000,000. For a first offense under $1,000, an individual can be fined up to $25,000 and jailed up to 1 year, or both, and a business can be fined up to $100,000. For a later offense, an individual can be fined (under federal law), jailed up to 15 years, or both, and a business can be fined up to $5,000,000. “Indian” means a person who is a member of an Indian tribe or is certified as an Indian artisan by a tribe. “Indian product” and “product of a particular tribe or arts group” are defined by Interior Department rules. “Indian tribe” uses the meaning from the Indian Self-Determination and Education Assistance Act and also covers groups formally recognized by a State legislature, state commission, or similar state body. “Indian arts and crafts organization” means a legally formed marketing group made up of tribe members. If any part of this rule is found invalid, the rest stays in force.

Title 18, §1159

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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)Any person that knowingly violates subsection (a) shall—

(1)in the case of a first violation by that person—

(A)if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more—

(i)in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and

(ii)in the case of a person other than an individual, be fined not more than $1,000,000; and

(B)if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000—

(i)in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and

(ii)in the case of a person other than an individual, be fined not more than $100,000; and

(2)in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold—

(A)in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and

(B)in the case of 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”—

(A)has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); 11 See References in Text note below. and

(B)includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by—

(i)a State legislature;

(ii)a State commission; or

(iii)another similar organization vested with State legislative 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 305e of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, § 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.

Editorial Notes

References in Text

section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in subsec. (c)(3)(A), was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.

Amendments

2010—Subsec. (b). Pub. L. 111–211, § 103(1), added subsec. (b) and struck out former subsec. (b) which read as follows: “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.” Subsec. (c)(3). Pub. L. 111–211, § 103(2), added par. (3) and struck out former par. (3) which read as follows: “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”. 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.”

Statutory Notes and Related Subsidiaries

Certification of Indian ArtisansFor 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.

Executive Documents

Admission of Alaska as StateAdmission 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 section 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.

§1159 Misrepresentation of Indian produced goods and products