18 U.S.C. § 1162 State Jurisdiction Over Offenses Committed By Or Against Indians In the Indian Country

LibraryUnited States Statutes
Edition2023
CurrencyCurrent through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
Year2023
Citation18 U.S.C. § 1162

(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:

<TABLE> <TR> <TD><italic>State or Territory of</italic></TD> <TD><italic>Indian country affected</italic></TD> </TR> <TR> <TD>Alaska</TD> <TD>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.</TD> </TR> <TR> <TD>California</TD> <TD>All Indian country within the State.</TD> </TR> <TR> <TD>Minnesota</TD> <TD>All Indian country within the State, except the Red Lake Reservation.</TD> </TR> <TR> <TD>Nebraska</TD> <TD>All Indian country within the State.</TD> </TR> <TR> <TD>Oregon</TD> <TD>All Indian country within the State, except the Warm Springs Reservation.</TD> </TR> <TR> <TD>Wisconsin</TD> <TD>All Indian country within the State.</TD> </TR> </TABLE>

(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.

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