§ 1166. — Gambling in Indian country.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1166]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1166. Gambling in Indian country
(a) Subject to subsection (c), for purposes of Federal law, all
State laws pertaining to the licensing, regulation, or prohibition of
gambling, including but not limited to criminal sanctions applicable
thereto, shall apply in Indian country in the same manner and to the
same extent as such laws apply elsewhere in the State.
(b) Whoever in Indian country is guilty of any act or omission
involving gambling, whether or not conducted or sanctioned by an Indian
tribe, which, although not made punishable by any enactment of Congress,
would be punishable if committed or omitted within the jurisdiction of
the State in which the act or omission occurred, under the laws
governing the licensing, regulation, or prohibition of gambling in force
at the time of such act or omission, shall be guilty of a like offense
and subject to a like punishment.
(c) For the purpose of this section, the term ``gambling'' does not
include--
(1) class I gaming or class II gaming regulated by the Indian
Gaming Regulatory Act, or
(2) class III gaming conducted under a Tribal-State compact
approved by the Secretary of the Interior under section 11(d)(8) of
the Indian Gaming Regulatory Act that is in effect.
(d) The United States shall have exclusive jurisdiction over
criminal prosecutions of violations of State gambling laws that are made
applicable under this section to Indian country, unless an Indian tribe
pursuant to a Tribal-State compact approved by the Secretary of the
Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or
under any other provision of Federal law, has consented to the transfer
to the State of criminal jurisdiction with respect to gambling on the
lands of the Indian tribe.
(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487.)
References in Text
The Indian Gaming Regulatory Act, referred to in subsec. (c), is
Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, which enacted sections
1166 to 1168 of this title and chapter 25 (Sec. 2701 et seq.) of Title
25, Indians. Section 11(d)(8) of such Act is classified to section
2710(d)(8) of Title 25. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of Title 25 and
Tables.
