PRIA, Government Policy, Made Personal

Summary

Knowingly selling, buying, using to make money, or moving for sale Native American human remains when you do not have the right to possess them under the Native American Graves Protection and Repatriation Act, or doing those same acts with Native American cultural items taken in violation of that Act, is illegal. Penalties: a first offense can bring a federal fine and up to 1 year and 1 day in jail for remains (up to 1 year for cultural items). A second or later offense can bring a federal fine and up to 10 years in jail.

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