18 U.s.c. 1162

§ 1162

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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.

§ 1162. State jurisdiction over offenses committed
by or against Indians in the Indian country
(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 of

Indian country affected

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.
All Indian country within the
State.
All Indian country within the
State, except the Red Lake Reservation.
All Indian country within the
State.
All Indian country within the
State, except the Warm Springs
Reservation.
All Indian country within the
State.

California ............
Minnesota ...........

Nebraska .............
Oregon .................

Wisconsin ............

(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.
(d) Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation
with and consent by the Attorney General—
(1) sections 1152 and 1153 shall apply in the
areas of the Indian country of the Indian tribe;
and
(2) jurisdiction over those areas shall be concurrent among the Federal Government, State

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governments, and, where applicable, tribal
governments.
(Added Aug. 15, 1953, ch. 505, § 2, 67 Stat. 588;
amended Aug. 24, 1954, ch. 910, § 1, 68 Stat. 795;
Pub. L. 85–615, § 1, Aug. 8, 1958, 72 Stat. 545; Pub.
L. 91–523, §§ 1, 2, Nov. 25, 1970, 84 Stat. 1358; Pub.
L. 111–211, title II, § 221(b), July 29, 2010, 124 Stat.
2272.)
Editorial Notes
AMENDMENTS
2010—Subsec. (d). Pub. L. 111–211 added subsec. (d).
1970—Subsec. (a). Pub. L. 91–523, § 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, § 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.
Executive Documents
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.

§ 1163. Embezzlement and theft from Indian tribal organizations
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 title, or imprisoned not more than one year, or both.
As used in this section, the term ‘‘Indian tribal organization’’ means any tribe, band, or community of Indians which is subject to the laws of
the United States relating to Indian affairs or
any corporation, association, or group which is
organized under any of such laws.
(Added Aug. 1, 1956, ch. 822, § 2, 70 Stat. 792;
amended Pub. L. 103–322, title XXXIII,
§ 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147;
Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110
Stat. 3511.)