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he laws relating to intoxicating liquors in the Indian country as they have been heretofore construed. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1161, 3113 of this title; title 25 section 1725. -End- -CITE- 18 USC Sec. 1157 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- [Sec. 1157. Repealed. Pub. L. 85-86, July 10, 1957, 71 Stat. 277] -MISC1- Section, acts June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, Sec. 29, 63 Stat. 94; Aug. 15, 1953, ch. 506, Sec. 2(a), 67 Stat. 590, prohibited purchase of Indian-owned livestock subject to unpaid loans from Federal revolving fund or from tribal loan funds. -End- -CITE- 18 USC Sec. 1158 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1158. Counterfeiting Indian Arts and Crafts Board trade mark -STATUTE- Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark - Shall (1) in the case of a first violation, if an individual, be fined under this title 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; and (3) shall be enjoined from further carrying on the act or acts complained of. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I, Sec. 106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 305d of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, Sec. 5, 49 Stat. 892). 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 words "upon conviction thereof" were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Maximum fine was changed from $2,000 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. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $250,000" in third par. 1990 - Pub. L. 101-644, in third par., added cls. (1) and (2), struck out "be fined not more than $500 or imprisoned not more than six months, or both; and" after "Shall", and designated remaining provision at end as cl. (3). -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 3 of 1950 Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 18 USC Sec. 1159 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1159. Misrepresentation of Indian produced goods and products -STATUTE- (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) 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. (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" 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 (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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I, Sec. 104(a), Nov. 29, 1990, 104 Stat. 4663.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 305e of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, Sec. 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. AMENDMENTS 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." CERTIFICATION OF INDIAN ARTISANS For 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. ADMISSION OF ALASKA AS STATE Admission 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 sections 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 305d. -End- -CITE- 18 USC Sec. 1160 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1160. Property damaged in committing offense -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103-322, title XXXIII, Sec. 330004(9), Sept. 13, 1994, 108 Stat. 2141.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians (R.S. 2154, 2155). Section consolidates said sections 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. AMENDMENTS 1994 - Pub. L. 103-322 substituted "non-Indian" for "white person" in first par. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 1725. -End- -CITE- 18 USC Sec. 1161 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1161. Application of Indian liquor laws -STATUTE- The provisions of sections 1154, 1156, 3113, 3488, and 3669, of this title, shall not apply within any area that is not Indian country, nor to any act or transaction within any area of Indian country provided such act or transaction is in conformity both with the laws of the State in which such act or transaction occurs and with an ordinance duly adopted by the tribe having jurisdiction over such area of Indian country, certified by the Secretary of the Interior, and published in the Federal Register. -SOURCE- (Added Aug. 15, 1953, ch. 502, Sec. 2, 67 Stat. 586; amended Pub. L. 98-473, title II, Sec. 223(b), Oct. 12, 1984, 98 Stat. 2028.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-473 substituted "3669" for "3618". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 1725. -End- -CITE- 18 USC Sec. 1162 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1162. State jurisdiction over offenses committed by or against Indians in the Indian country -STATUTE- (a) Each of the States or Territories listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State or Territory to the same extent that such State or Territory has jurisdiction over offenses committed elsewhere within the State or Territory, and the criminal laws of such State or Territory shall have the same force and effect within such Indian country as they have elsewhere within the State or Territory: State or Territory Indian country affected of -------------------------------------------------------------------- Alaska All Indian country within the State, except that on Annette Islands, the Metlakatla Indian community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which State jurisdiction has not been extended. California All Indian country within the State. Minnesota All Indian country within the State, except the Red Lake Reservation. Nebraska All Indian country within the State. Oregon All Indian country within the State, except the Warm Springs Reservation. Wisconsin All Indian country within the State. -------------------------------------------------------------------- (b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. (c) The provisions of sections 1152 and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States have exclusive jurisdiction. -SOURCE- (Added Aug. 15, 1953, ch. 505, Sec. 2, 67 Stat. 588; amended Aug. 24, 1954, ch. 910, Sec. 1, 68 Stat. 795; Pub. L. 85-615, Sec. 1, Aug. 8, 1958, 72 Stat. 545; Pub. L. 91-523, Secs. 1, 2, Nov. 25, 1970, 84 Stat. 1358.) -MISC1- AMENDMENTS 1970 - Subsec. (a). Pub. L. 91-523, Sec. 1, substituted provisions relating to the jurisdiction of the State of Alaska over offenses by or against Indians in the Indian country, and certain excepted areas, for provisions relating to the jurisdiction of the Territory of Alaska over offenses by or against Indians in the Indian country. Subsec. (c). Pub. L. 91-523, Sec. 2, inserted "as areas over which the several States have exclusive jurisdiction" after "subsection (a) of this section". 1958 - Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over offenses committed by or against Indians in all Indian country within the Territory of Alaska. 1954 - Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section. ADMISSION OF ALASKA AS STATE Admission 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 sections 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 sections 566e, 711e, 713f, 714e, 715d, 1300b-15, 1300f, 1300i-1, 1323, 1747, 1772d, 1918, 2433. -End- -CITE- 18 USC Sec. 1163 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 53 - INDIANS -HEAD- Sec. 1163. Embezzlement and theft from Indian tribal organizations -STATUTE- Whoever embezzles, steals, knowingly converts to his use or the use of another, willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, goods, assets, or other property belonging to any Indian tribal organization or intrusted to the custody or care of any officer, employee, or agent of an Indian tribal organization; or Whoever, knowing any such moneys, funds, credits, goods, assets, or other property to have been so embezzled, stolen, converted, misapplied or permitted to be misapplied, receives, conceals, or retains the same with intent to convert it to his use or the use of another - Shall be fined under this title, or imprisoned not more than five years, or both; but if the value of such property does not exceed the sum of $1,000, he shall be fined under this titl

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