§ 1160. — Property damaged in committing offense.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1160]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1160. Property damaged in committing offense
Whenever a non-Indian, in the commission of an offense within the
Indian country takes, injures or destroys the property of any friendly
Indian the judgment of conviction shall include a sentence that the
defendant pay to the Indian owner a sum equal to twice the just value of
the property so taken, injured, or destroyed.
If such offender shall be unable to pay a sum at least equal to the
just value or amount, whatever such payment shall fall short of the same
shall be paid out of the Treasury of the United States. If such offender
cannot be apprehended and brought to trial, the amount of such property
shall be paid out of the Treasury. But no Indian shall be entitled to
any payment out of the Treasury of the United States, for any such
property, if he, or any of the nation to which he belongs, have sought
private revenge, or have attempted to obtain satisfaction by any force
or violence.
(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103-322, title XXXIII,
Sec. 330004(9), Sept. 13, 1994, 108 Stat. 2141.)
Historical and Revision Notes
Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians
(R.S. 2154, 2155).
Section consolidates said sections 227 and 228 of title 25, U.S.C.,
1940 ed., Indians, with such changes in phraseology as were necessary to
effect consolidation.
The phrase ``or whose person was injured,'' which followed the words
``friendly Indian to whom the property may belong,'' was deleted as
meaningless.
Amendments
1994--Pub. L. 103-322 substituted ``non-Indian'' for ``white
person'' in first par.
Section Referred to in Other Sections
This section is referred to in title 25 section 1725.
