§ 1159. — Misrepresentation of Indian produced goods and products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1159]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1159. Misrepresentation of Indian produced goods and
products
(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.
(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I,
Sec. 104(a), Nov. 29, 1990, 104 Stat. 4663.)
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.
Section Referred to in Other Sections
This section is referred to in title 25 section 305d.
