§ 1170. — Illegal trafficking in Native American human remains and cultural items.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1170]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1170. Illegal trafficking in Native American human remains
and cultural items
(a) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit, the human remains of a Native American
without the right of possession to those remains as provided in the
Native American Graves Protection and Repatriation Act shall be fined in
accordance with this title, or imprisoned not more than 12 months, or
both, and in the case of a second or subsequent violation, be fined in
accordance with this title, or imprisoned not more than 5 years, or
both.
(b) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit any Native American cultural items
obtained in violation of the Native American Grave Protection and
Repatriation Act shall be fined in accordance with this title,
imprisoned not more than one year, or both, and in the case of a second
or subsequent violation, be fined in accordance with this title,
imprisoned not more than 5 years, or both.
(Added Pub. L. 101-601, Sec. 4(a), Nov. 16, 1990, 104 Stat. 3052;
amended Pub. L. 103-322, title XXXIII, Sec. 330010(4), Sept. 13, 1994,
108 Stat. 2143.)
References in Text
The Native American Graves Protection and Repatriation Act, referred
to in text, is Pub. L. 101-601, Nov. 16, 1990, 104 Stat. 3048, which is
classified principally to chapter 32 (Sec. 3001 et seq.) of Title 25,
Indians. For complete classification of this Act to the Code, see Short
Title note set out under section 3001 of Title 25 and Tables.
Amendments
1994--Pub. L. 103-322 substituted ``Illegal trafficking in Native
American human remains and cultural items'' for ``Illegal Trafficking in
Native American Human Remains and Cultural Items'' in section catchline.
