18-U.S.C.-3242
§3242 – Indians Committing Certain offenses; Acts On Reservations
Pathway
Title 18 > Part II > Chapter 211 > Section 3242
Details
- Reference: Section 3242
- Legend: §3242 – Indians Committing Certain offenses; Acts On Reservations
- USCode Year: 2013
Provision Content
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, §51, 63 Stat. 96; Pub. L. 89–707, §2, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 94–297, §4, May 29, 1976, 90 Stat. 586.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §548 (Mar. 4, 1909, ch. 321, §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,.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3242 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3242, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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