§1170 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Knowingly buying, selling, profiting from, or transporting Native American human remains without legal right under the Native American Graves Protection and Repatriation Act can bring federal fines, up to 1 year and 1 day in jail, or both; a second or later offense can bring up to 10 years in prison. The same penalties apply to Native American cultural items taken in violation of that Act, except the first jail term for those items is up to 1 year.

Title 18, §1170

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both.

(b)Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Native American Graves Protection and Repatriation Act, referred to in text, is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

Short Title

note set out under section 3001 of Title 25 and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–258 substituted “1 year and 1 day” for “12 months” and “10 years” for “5 years”. Subsec. (b). Pub. L. 117–258, § 4(1), substituted “10 years” for “5 years”. 1994—Pub. L. 103–322 substituted “Illegal trafficking in Native American human remains and cultural items” for “Illegal Trafficking in Native American Human Remains and Cultural Items” in section catchline.

§1170 Illegal trafficking in Native American human remains and cultural items