§1160 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When a non-Indian commits a crime in Indian country and takes, damages, or destroys property of a friendly Indian, the court must order the defendant to pay twice the property's fair value. If the defendant can't pay or can't be found for trial, the U.S. Treasury pays the unpaid amount, unless the Indian or his tribe sought private revenge or used force.

Title 18, §1160

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed. If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 227, 228 of title 25, U.S.C., 1940 ed., Indians (R.S. 2154, 2155). Section consolidates said section 227 and 228 of title 25, U.S.C., 1940 ed., Indians, with such changes in phraseology as were necessary to effect consolidation. The phrase “or whose person was injured,” which followed the words “friendly Indian to whom the property may belong,” was deleted as meaningless.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “non-Indian” for “white person” in first par.

§1160 Property damaged in committing offense