§1153 — Offenses Committed within Indian Country.

Chapter 53 — Indians

(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, a felony assault under section 113, an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.

(b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.

(June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, §26, 63 Stat. 94; Pub. L. 89–707, §1, Nov. 2, 1966, 80 Stat. 1100 ; Pub. L. 90–284, title V, §501, Apr. 11, 1968, 82 Stat. 80 ; Pub. L. 94–297, §2, May 29, 1976, 90 Stat. 585 ; Pub. L. 98–473, title II, §1009, Oct. 12, 1984, 98 Stat. 2141 ; Pub. L. 99–303, May 15, 1986, 100 Stat. 438 ; Pub. L. 99–646, §87(c)(5), Nov. 10, 1986, 100 Stat. 3623 ; Pub. L. 99–654, §3(a)(5), Nov. 14, 1986, 100 Stat. 3663 ; Pub. L. 100–690,title VII, §7027, Nov. 18, 1988, 102 Stat. 4397 ; Pub. L. 103–322, title XVII, §170201(e), title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2043 , 2150; Pub. L. 109–248, title II, §215, July 27, 2006, 120 Stat. 617 ; Pub. L. 113–4, title IX, §906(b), Mar. 7, 2013, 127 Stat. 125.)

AMENDMENTS

2013-Subsec. (a). Pub. L. 113–4 substituted "a felony assault under section 113" for "assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title)".

2006-Subsec. (a). Pub. L. 109–248 inserted "felony child abuse or neglect," after "years,".

1994 - Subsection(a). Pub. L. 103-322 substituted "kidnapping" for " kidnaping" and inserted "(as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years" after "serious bodily injury".

1988 - Subsection(a). Pub. L. 100-690 substituted "maiming, a felony under chapter 109A, incest" for " 'maiming' and all that follows through 'incest' ", thus clarifying execution of amendment by Pub. L. 99-646 and Pub. L. 99-654 but resulting in no change in text. See 1986 Amendment note below.

1986 - Pub. L. 99-646 and Pub. L. 99-654 which directed that section be amended identically by substituting in first paragraph "a felony under chapter 109A," for "rape, involuntary sodomy, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape," and by striking out in second and third paragraphs ", involuntary sodomy," was executed by making the substitution in subsection(a) for "rape, involuntary sodomy, felonious sexual molestation of a minor, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape," to reflect the probable intent of Congress in view of prior amendment of this section by Pub. L. 99-303, but amendment to second and third paragraphs could not be executed because such paragraphs were struck out by Pub. L. 99-303.

Pub. L. 99-303 inserted section catchline which had been eliminated by general amendment by section 1009 of Pub. L. 98-473, designated first paragraph as subsection(a) and inserted "felonious sexual molestation of a minor,", struck out second paragraph which provided that, as used in this section, the offenses of burglary, involuntary sodomy, and incest be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense, and struck out third paragraph and restated the provisions thereof in a new subsection

(b), substituting "Any offense referred to in subsection (a) of this section that is" for "In addition to the offenses of burglary, involuntary sodomy, and incest, any other of the above offenses which are".

1984 - Pub. L. 98-473 amended section generally, inserting offenses of maiming, involuntary sodomy and a felony committed under section 661 of this title and striking out reference to larceny in first paragraph, and inserting ", involuntary sodomy," after "burglary" in third paragraph

1976 - Pub. L. 94-297 made changes in phraseology, added offense of kidnapping to the enumerated list of offenses subjecting any Indian to the same laws and penalties as all other persons, struck out applicability to assault with a dangerous weapon and assault resulting in serious bodily injury from paragraph covering the offenses of burglary and incest only, and substituted paragraph, relating to offenses in addition to offenses of burglary and incest, for paragraph relating to offenses of rape and assault with intent to commit rape.

1968 - Pub. L. 90-284 inserted offense of assault resulting in serious bodily injury.

1966 - Pub. L. 89-707 inserted offenses of carnal knowledge and assault with intent to commit rape, defined and proscribed the punishment for assault with intent to commit rape in accordance with the laws of the State in which the offense was committed, and required assault with a dangerous weapon and incest to be defined and punished in accordance with the laws of the State in which the offense was committed.

1949 - Act May 24, 1949, struck out provision that the crime of rape is to be punished in accordance with the law of the State where the offense was committed and in lieu inserted provision leaving punishment up to the discretion of the court.