§ 3242. — Indians committing certain offenses; acts on reservations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3242]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 211--JURISDICTION AND VENUE
Sec. 3242. Indians committing certain offenses; acts on
reservations
All Indians committing any offense listed in the first paragraph of
and punishable under section 1153 (relating to offenses committed within
Indian country) of this title shall be tried in the same courts and in
the same manner as are all other persons committing such offense within
the exclusive jurisdiction of the United States.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, Sec. 51,
63 Stat. 96; Pub. L. 89-707, Sec. 2, Nov. 2, 1966, 80 Stat. 1101; Pub.
L. 94-297, Sec. 4, May 29, 1976, 90 Stat. 586.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 548 (Mar. 4, 1909, ch.
321, Sec. 328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337).
The provisions defining rape in accordance with the law of the State
and prescribing imprisonment at the discretion of the court for rape by
an Indian upon an Indian are now included in section 1153 of this title.
(See also section 6 of this title.)
Section 549 of said title 18, relating to crimes in Indian
reservations in South Dakota, was omitted as covered by section 1153 of
this title. Accordingly the last sentence of said section 548, extending
this section to prosecutions of Indians in South Dakota, was also
omitted as unnecessary because this section is sufficient and
applicable. Other provisions of said section 548 are incorporated in
sections 1151 and 1153 of this title.
Minor changes were made in phraseology.
1949 Act
This section [section 51] conforms section 3242 of title 18, U.S.C.,
with sections 1151 and 1153 of such title, thus eliminating
inconsistency and ambiguity with respect to the definition of Indian
country.
Amendments
1976--Pub. L. 94-297 substituted provision setting out reference to
offenses listed in first paragraph of and punishable under section 1153
of this title, for provision specifically enumerating the covered
offenses.
1966--Pub. L. 89-707 added carnal knowledge and assault with intent
to commit rape as offenses cognizable within the exclusive jurisdiction
of the United States when committed on and within the Indian country.
1949--Act May 24, 1949, substituted ``within the Indian country''
for ``within any Indian reservation, including rights-of-way running
through the reservation,''.
