§ 1156. — Intoxicants possessed unlawfully.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1156]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1156. Intoxicants possessed unlawfully
Whoever, except for scientific, sacramental, medicinal or mechanical
purposes, possesses intoxicating liquors in the Indian country or where
the introduction is prohibited by treaty or an Act of Congress, shall,
for the first offense, be fined under this title or imprisoned not more
than one year, or both; and, for each subsequent offense, be fined under
this title or imprisoned not more than five years, or both.
The term ``Indian country'' as used in this section does not include
fee-patented lands in non-Indian communities or rights-of-way through
Indian reservations, and this section does not apply to such lands or
rights-of-way in the absence of a treaty or statute extending the Indian
liquor laws thereto.
(June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, Sec. 28,
63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), (I),
Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on sections 241, 244, 244a, 254 of title 25, U.S.C., 1940 ed.,
Indians (R.S. 2139; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; July
23, 1892, ch. 234, 27 Stat. 260; May 25, 1918, ch. 86, Sec. 1, 40 Stat.
563; June 30, 1919, ch. 4, Sec. 1, 41 Stat. 4; Mar. 5, 1934, ch. 43, 48
Stat. 396; June 27, 1934, ch. 846, 48 Stat. 1245; June 15, 1938, ch.
435, Sec. 1, 52 Stat. 696).
The revision of section 244 of title 25, U.S.C., 1940 ed., Indians,
conforms with the effect thereon of sections 241, 244a, and 254 of said
title.
The provisions relating to scope of term ``Indian country'' were
omitted as unnecessary in view of definition of ``Indian country'' in
section 1151 of this title.
Mandatory punishment provisions were rephrased in the alternative
and provision for commitment for nonpayment of fine was deleted. Such
change was also recommended by United States District Judge T. Blake
Kennedy. (See reviser's note under section 1154 of this title.)
The exception of intoxicating liquor for scientific, sacramental,
medicinal or mechanical purposes was inserted for the same reason that
makes this exception appropriate to section 1262 of this title.
Minor changes were made in phraseology.
1949 Act
This section [section 28] adds to section 1156 of title 18, U.S.C.,
a paragraph to conform this section and section 1154 of such title more
closely to the 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.
Section Referred to in Other Sections
This section is referred to in sections 1151, 1161, 3113 of this
title; title 25 section 1725.
