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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Each of the States or Territories listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State or Territory to the same extent that such State or Territory has jurisdiction over offenses committed elsewhere within the State or Territory, and the criminal laws of such State or Territory shall have the same force and effect within such Indian country as they have elsewhere within the State or Territory:
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State or Territory of |
Indian country affected
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Alaska․․․․․․․․․․․․․․․․․․․․․․ |
All Indian country within the State, except that on Annette Islands, the Metlakatla
Indian community may exercise jurisdiction over offenses committed by Indians in the
same manner in which such jurisdiction may be exercised by Indian tribes in Indian
country over which State jurisdiction has not been extended
|
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California․․․․․․․․․․․․․․․․․․ |
All Indian country within the State
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Minnesota․․․․․․․․․․․․․․․․․․․ |
All Indian country within the State, except the Red Lake Reservation
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Nebraska․․․․․․․․․․․․․․․․․․․․ |
All Indian country within the State
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Oregon․․․․․․․․․․․․․․․․․․․․․․ |
All Indian country within the State, except the Warm Springs Reservation
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Wisconsin․․․․․․․․․․․․․․․․․․․ |
All Indian country within the State
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(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.
(c) The provisions of sections 1152 and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States have exclusive jurisdiction.
(d) Notwithstanding subsection (c), at the request of an Indian tribe, and after consultation with and consent by the Attorney General--
(1)sections 1152 and 1153 shall apply in the areas of the Indian country of the Indian tribe; and
(2) jurisdiction over those areas shall be concurrent among the Federal Government, State governments, and, where applicable, tribal governments.
Cite this article: FindLaw.com - 18 U.S.C. § 1162 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1162. State jurisdiction over offenses committed by or against Indians in the Indian country - last updated January 01, 2024 | https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-1162/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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