18 U.S.C. § 1159 Misrepresentation of Indian Produced Goods and Products
Library | United States Statutes |
Edition | 2023 |
Currency | Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31] |
Year | 2023 |
Citation | 18 U.S.C. § 1159 |
(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) PENALTY.-Any person that knowingly violates subsection (a) shall-
(1) in the case of a first violation by that person-
(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more-
(i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and
(ii) in the case of a person other than an individual, be fined not more than $1,000,000; and
(B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000-
(i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and
(ii) in the case of a person other than an individual, be fined not more than $100,000; and
(2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold-
(A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and
(B) in the case of 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"-
(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); 1 and
(B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by-
(i) a State legislature;
(ii) a State commission; or
(iii) another similar organization vested with State legislative 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.
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