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CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

FEDERAL RULES OF CRIMINAL PROCEDURE Venue, generally, see rules 18-22, following section 3771 of this title.

Chapter 50.-GAMBLING Sec. 1081. Definitions. 1082. Gambling ships. 1083. Transportation between shore and ship; penalties.

AMENDMENTS 1949—Chapter added by act May 24, 1949, ch. 139, $ 23, 63 Stat. 92.

General or from a Federal penal or correctional institution, shall be imprisoned not more than three years. (June 25, 1948, ch. 645, § 1, 62 Stat. 755.)

LEGISLATIVE HISTORY Reviser's Note.--Based on title 18, U. S. C., 1940 ed., $$_7531, 910 (May 14, 1930, ch. 274, § 10, 46 Stat. 327; May 27, 1930, ch. 339, § 10, 46 Stat. 390).

Section consolidates similar language of said sections of title 18, U. S. C., 1940 ed. Remaining provisions are in section 752 of this title.

Words "willfully harbors" were added in conformity with section 1071 of this title. Punishment for harboring violators of the Espionage laws is provided in section 792 of this title. Punishment for harboring deserters from the armed forces is provided in section 1381 of this title. Minor changes were made in phraseology,

CROSS REFERENCES Misprision of felony, see section 4 of this title. 8 1073. Flight to avoid prosecution or giving testi

mony. Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for murder, kidnaping, burglary, robbery, mayhem, rape, assault with a dangerous weapon, or extortion accompanied by threats of violence, or attempt to commit any of the foregoing offenses as they are defined either at common law or by the laws of the place from which the fugitive flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by imprisonment in a penitentiary is charged, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement. (June 25, 1948, ch. 645, § 1, 62 Stat. 755.)

LEGISLATIVE HISTORY Reviser's Note.--Based on title 18, U. S. C., 1940 ed., § 408e (May 18, 1934, ch. 302, 48 Stat. 782; Aug. 14, 1948, ch. 735, 60 Stat. 789).

Said section 408e was rewritten and the phrase "offenses as they are defined either at common law or by the laws of the place from which the fugitive flees” were inserted to remove the ambiguity discussed in the opinion of the Circuit Court of Appeals, Third Circuit, in Brandenburg v. U. S., decided September 6, 1944, not yet reported, reversing the conviction of the appellant. The court held that Congress intended the enumerated offenses to mean those as defined at common law. The effect of the rewritten section is to make the statute applicable whether the offense committed is one defined at common law or by the law of the state from which the fugitive flees.

The words “offense punishable by imprisonment in a penitentiary” were substituted for "felony" to make the statute uniformly applicable and to include crimes of the grade of felony even where, as in New Jersey, they are denominated as misdemeanor, high misdemeanor or otherwise.

Words "from any State, Territory, or possession of the United States or the District of Columbia" were omitted in view of definitive section 10 of this title.

Words "upon conviction thereof” were deleted as surplusage since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

8 1081. Definitions.

As used in this chapter:

The term "gambling ship" means a vessel used principally for the operation of one or more gambling establishments.

The term "gambling establishment” means any common gaming or gambling establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any game of chance, for money or other thing of value.

The term “vessel" includes every kind of water and air craft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship, boat, barge, or other water craft or any structure capable of floating on the water.

The term “American vessel” means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise controlled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State. (Added May 24, 1949, ch. 139, $ 23, 63 Stat. 92.)

8 1082. Gambling ships.

(a) It shall be unlawful for any citizen or resident of the United States, or any other person who is on an American vessel or is otherwise under or within the jurisdiction of the United States, directly or indirectly

(1) to set up, operate, or own or hold any interest in any gambling ship or any gambling establishment on any gambling ship; or

(2) in pursuance of the operation of any gambling establishment on any gambling ship, to conduct or deal any gambling game, or to conduct or operate any gambling device, or to induce, entice, solicit, or permit any person to bet or play at any such establishment, if such gambling ship is on the high seas, or is an American vessel or otherwise under or within the jurisdiction of the United States, and is not within the jurisdiction of any State.

(b) Whoever violates the provisions of subsection (a) of this section shall be fined not more than $10,000 or imprisoned not more than two years, or both.

(c) Whoever, being (1) the owner of an American vessel, or (2) the owner of any vessel under or within the jurisdiction of the United States, or (3) the owner of any vessel and being an American citizen, shall use, or knowingly permit the use of, such vessel in violation of any provision of this section shall, in addition to any other penalties provided by this chapter, forfeit such vessel, together with her tackle, apparel, and furniture, to the United States. (Added May 24, 1949, ch. 139, $ 23, 63 Stat. 92.)

8 1083. Transportation between shore and ship;

penalties. (a) It shall be unlawful to operate or use, or to permit the operation or use of, a vessel for the carriage or transportation, or for any part of the carriage or transportation, either directly or indirectly, of any passengers, for hire or otherwise, between a point or place within the United States and a gambling ship which is not within the jurisdiction of any State. This section does not apply to any carriage or transportation to or from a vessel in case of emergency involving the safety or protection of life or property.

(b) The Secretary of the Treasury shall prescribe necessary and reasonable rules and regulations to enforce this section and to prevent violations of its provisions.

For the operation or use of any vessel in violation of this section or of any rule or regulation issued hereunder, the owner or charterer of such vessel shall be subject to a civil penalty of $200 for each passenger carried or transported in violation of such provisions, and the master or other person in charge of such vessel shall be subject to a civil penalty of $300. Such penalty shall constitute a lien on such vessel, and proceedings to enforce such lien may be brought summarily by way of libel in any court of the United States having jurisdiction thereof. The Secretary of the Treasury may mitigate or remit any of the penalties provided by this section on such terms as he deems proper. (Added May 24, 1949, ch. 139, $ 23, 63 Stat. 92.)

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of murder in the first degree, shall suffer death unless the jury qualifies its verdict by adding thereto “without capital punishment”, in which event he shall be sentenced to imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life. (June 25, 1948, ch. 645, § 1, 62 Stat. 756.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 452, 454, 567 (Mar. 4, 1909, ch. 321, $$ 273, 275, 330, 35 Stat. 1143, 1152).

Section consolidates the punishment provision of sections 454 and 567 of title 18, U. S. C., 1940 ed., with section 452 of title 18, U. S. C., 1940 ed.

The provision of said section 454 for the death penalty for first degree murder was consolidated with section 567 of said title 18, by adding the words "unless the jury qualifies its verdict by adding thereto 'without capital punishment in which event he shall be sentenced to imprisonment for life".

The punishment for second degree murder was changed and the phrase "for any term of years or for life" was substituted for the words “not less than ten years and may be imprisoned for life". This change conforms to a uniform policy of omitting the minimum punishment. (See reviser's note under section 203 of this title.)

Said section 567 was not included in section 2031 of this title since the rewritten punishment provision for rape removes the necessity for a qualified verdict.

The special maritime and territorial jurisdiction provision was added in view of definitive section 7 of this title.

CROSS REFERENCES Assault with intent to murder, see section 113 of this title.

Bank robbery, murder in committing, see section 2113 of this title.

Consular court's jurisdiction, see section 164 of Title 22, Foreign Relations and Intercourse.

Death sentence, dissection of body may be prescribed, see section 3567 of this title.

Execution of death sentence, see section 3566 of this title.

High seas, citizen committing murder as pirate, see section 1652 of this title. Indian country

Jurisdiction of offenses committed by Indians, see section 3242 of this title.

Law governing offenses, see section 1153 of this title. Limitations, capital offenses, see section 3281 of this title.

Mailing matter of character tending to incite murder, see section 1461 of this title.

Railroads, entering train to commit murder, see section 1991 of this title.

Venue, see section 3236 of this title.

Chapter 51.-HOMICIDE Sec. 1111. Murder. 1112. Manslaughter. 1113. Attempt to commit murder or manslaughter. 1114. Protection of oficers and employees of the United

States. 1115. Misconduct or neglect of ship officers, $1111. Murder.

(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

FEDERAL FORMS OF CRIMINAL PROCEDURE Indictment for murder in the first degree

Federal officer as victim, see form 1, following section 3771 of this title,

Offense committed on federal reservation, see form 2.

$1112. Manslaughter.

(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

Voluntary-Upon a sudden quarrel or heat of passion.

Involuntary-In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

(b) Within the special maritime and territorial jurisdiction of the United States.

Whoever is guilty of voluntary manslaughter, shall be imprisoned not more than ten years;

Whoever is guilty of involuntary manslaughter, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 756.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 453, 454 (Mar. 4, 1909, ch. 321, $$ 274, 275, 35 Stat. 1143).

Section consolidates punishment provisions of sections 453 and 454 of title 18, U. S. C., 1940 ed.

The special maritime and territorial jurisdiction provision was added in view of definitive section 7 this title. Minor changes were made in phraseology.

CROSS REFERENCES Indian country

Jurisdiction of offenses committed by Indians, see section 3242 of this title.

Law governing offenses, see section 1153 of this title. Venue, see section 3236 of this title.

8 1113. Attempt to commit murder or manslaughter.

Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall be fined not more than $1,000 or imprisoned not more than three years or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 756.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 456 (Mar. 4, 1909, ch. 321, § 277, 35 Stat. 1143).

Words "within the special maritime and territorial jurisdiction of the United States" were added in view of definitive section 7 of this title, and section was rearranged to more clearly express intent of existing law.

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

of Land Management, any employee of the Bureau of Animal Industry of the Department of Agriculture, or any officer or employee of the Indian field service of the United States, while engaged in the performance of his official duties, or on account of the performance of his official duties, shall be punished as provided under sections 1111 and 1112 of this title. (June 25, 1948, ch. 645, § 1, 62 Stat. 756; May 24, 1949, ch. 139, § 24, 63 Stat. 93; Oct. 31, 1951, ch. 655, § 28, 65 Stat. 721; June 27, 1952, ch. 477, title IV, § 402 (c), 66 Stat. 276.)

LEGISLATIVE HISTORY Reviser's Note-Based on title 18, U.S.C., 1940 ed., $ 253 (May 18, 1934, ch. 299, § 1, 48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch. 830, title I, $ 3, 49 Stat. 1940; Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; June 13, 1940, ch, 359, 54 Stat. 391).

The section was extended to include United States judges, attorneys and their assistants, and officers of Federal, penal and correctional institutions in view of the obvious desirability of such protective legislation.

Employees of the Bureau of Animal Industry have been included in this section to complete the revision of section 118 of title 18 U. 8. C., 1940 ed., which was consolidated with the assault provisions of section 254 of said title 18 and is now section 111 of this title. There seemed no sound reason for including such officers in the protection against assaults but excluding them from the homicide sections.

For like reasons the section was broadened to include officers or employees of the Secret Service or of the Bureau of Narcotics. Changes in phraseology were made.

AMENDMENTS 1952—Act June 27, 1952, amended section by substituting "any immigration officers" for "any immigrant inspector or any immigration patrol inspector”.

1951-Act Oct. 31, 1951, amended section by substituting "the field service of the Bureau of Land Management" in lieu of "the field service of the Division of Grazing of the Department of the Interior".

1949—Act May 24, 1949 amended section by inserting "any officer, employee

of his duties". TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior, and all functions of all agencies and employees of such Department, were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. Officers and employees of the National Park Service, and of the Indian field service, referred to in this section, are officers and employees of the Department of the Interior.

All functions of all other officers of the Department of Justice, and all functions of all agencies and employees of such Department, were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. United States Attorneys, Assistant United States Attorneys, United States mar. shals, and deputy marshals, referred to in this section, are officers within the Department of Justice, the Federal Bureau of Investigation, also referred to in this section, is a bureau of such Department, and officers and employees of United States penal or correctional institutions and immigration officials, also referred to in the section, are officers and employees within such Departe ment.

$ 1114. Protection of officers and employees of the

United States. Whoever kills any judge of the United States, any United States Attorney, any Assistant United States Attorney, or any United States marshal or deputy marshal or person employed to assist such marshal or deputy marshal, any officer or employee of the Federal Bureau of Investigation of the Department of Justice, any post-office inspector, any officer or employee of the secret service or of the Bureau of Narcotics, any officer or enlisted man of the Coast Guard, any officer or employee of any United States penal or correctional institution, any officer, employee or agent of the customs or of the internal revenue or any person assisting him in the execution of his duties, any immigration officer, any officer or employee of the Department of Agriculture or of the Department of the Interior designated by the Secretary of Agriculture or the Secretary of the Interior to enforce any Act of Congress for the protection, preservation, or restoration of game and other wild birds and animals, any officer or employee of the National Park Service, any officer or employee of, or assigned to duty in, the field service of the Bureau

Sec. 1154. Intoxicants dispensed in Indian country. 1155. Intoxicants dispensed on school site. 1156. Intoxicants possessed unlawfully. 1157. Livestock sold or removed. 1158. Counterfeiting Indian Arts and Crafts Board trade

mark. 1159. Misrepresentation in sale of products. 1160. Property damaged in committing offense.

CROSS REFERENCES Government employee having interest in Indian contracts, see section 437 of this title.

Receiving money in connection with Indian contracts for services, see section 438 of this title.

Unauthorized Indian enrollment contracts, or receiving money in connection with such contracts, see section 439 of this title.

The Grazing Service of the Department of the Interior, referred to in this section as the “Division of Grazing", was abolished and its functions consolidated with those of the former General Land Office (likewise abolished) to form a new agency in such Department, to be known as the Bureau of Land lana ent, by 1946 Reorg. Plan NO. 3, $ 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, set out as a note under section 1 of Title 43, Public Lands.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, $f 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Secret Service and the Bureau of Narcotics, referred to in this section, are agencies in the Treasury Department, the customs and Internal revenue officials, referred to in this section, are officials in such Department, and the Coast Guard, referred to in this section, is generally a service in such Department, but such Plan excepted, from the transfer, functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

CROSS REFERENCES Assaulting, resisting, or impeding officers or employees designated in this section, see section 111 of this title.

FEDERAL FORMS OF CRIMINAL PROCEDURE Indictment for murder in the first degree of federal officer, see form 1, following section 3771 of this title.

81115. Misconduct or neglect of ship officers.

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 757.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 461 (Mar. 4, 1909, ch. 321, § 282, 35 Stat. 1144).

Section restores the intent of the original enactments, R. S. $ 5344, and act Mar. 3, 1905, ch. 1454, § 5, 33 Stat. 1025, and makes this section one of general application. In the Criminal Code of 1909, by placing it in chapter 11, limited to places within the special maritime and territorial jurisdiction of the United States, such original intent was inadvertently lost as indicated by the entire absence of report or comment on such limitation.

$ 1151. Indian country defined.

Except as otherwise provided in sections 1154 and 1156 of this title, the term "Indian country," as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (June 25, 1948, ch. 645, § 1, 62 Stat. 757; May 24, 1949, ch. 139, $ 25, 63 Stat. 94.)

LEGISLATIVE HISTORY Reviser's Note-Based on sections 548 and 549 of title 18 and sections 212, 213, 215, 217, 218 of title 25, Indians, U. S. Code, 1940 ed. (R. $. $$ 2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318; Mar. 4, 1909, ch. 321, $$ 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, $ 291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337).

This section consolidates numerous conflicting and inconsistent provisions of law into a concise statement of the applicable law.

R. S. $$ 2145, 2146 (U. S. C., title 25, $ $ 217, 218) extended to the Indian country with notable exceptions the criminal laws of the United States applicable to places within the exclusive jurisdiction of the United States. Crimes of Indians against Indians, and crimes punishable by tribal law were excluded.

The confusion was not lessened by the cases of U. S. v. McBratney, 104 U. S. 622 and Draper v. U. 9., 17 S. Ct. 107, holding that crimes in Indian country by persons not Indians are not cognizable by Federal courts in absence of reservation or cession of exclusive jurisdiction applicable to places within the exclusive jurisdiction of the United States. Because of numerous statutes applicable only to Indians and prescribing punishment for crimes committed by Indians against Indians, "Indian country" was defined but once. (See act June 30, 1834, ch. 161, § 1, 4 Stat. 729, which was later repealed.)

Definition is based on latest construction of the term by the United States Supreme Court in U. S. v. McGowan, 58 S. Ct. 286, 302 U. S. 535, following U. S. v. Sandoval, 34 S. Ct. 1, 5, 231 U. S. 28, 46. (See also Donnelly v. U, S., 33 S. Ct. 449, 228 U. S. 243; and Kills Plenty v. U. S., 133 F. 2d 292, certiorari denied, 1943, 63 S. Ct. 1172. (See reviser's note under section 1153 of this title.)

Indian allotments were included in the definition on authority of the case of U. S. v. Pelican, 1913, 34 S. Ct. 396, 232 U. S. 442, 58 L. Ed. 676.

AMENDMENTS 1949—Act May 24, 1949 amended section to incorporate the limitations of the term "Indian country which are contained in sections 1154 and 1156 of this title, the".

Chapter 53.—INDIANS Sec. 1151. Indian country defined. 1152. Laws governing. 1153. Offenses committed within Indian country.

8 1152. Laws governing.

Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.

This section shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. (June 25, 1948, ch. 645, 1, 62 Stat. 757.)

LEGISLATIVE HISTORY Reviser's Note.-Based on sections 215, 217, 218 of title 25, U. S. C., 1940 ed., Indians (R. S. 2144, 2145, 2146; Feb. 18, 1875, ch. 80, $ 1, 18 Stat. 318).

Section consolidates said sections 217 and 218 of title 25, U. S. C., 1940 ed., Indians, and omits section 215 of sald title as covered by the consolidation.

See reviser's note under section 1153 of this title as to effect of consolidation of sections 548 and 549 of title 18, U. S. C., 1940 ed.

Minor changes were made in translations and phraseology. $ 1153. Offenses committed within Indian country.

Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.

As used in this section, the offense of rape shall be defined in accordance with the laws of the State in which the offense was committed, and any Indian who commits the offense of rape upon any female Indian within the Indian country, shall be imprisoned at the discretion of the court.

As used in this section, the offense of burglary shall be defined and punished in accordance with the laws of the State in which such offense was committed. (June 25, 1948, ch. 645, § 1, 62 Stat. 758; May 24, 1949, ch. 139, $ 26, 63 Stat. 94.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 548, 549 (Mar. 4, 1909, ch. 321, $8 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, $ 291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337).

Section consolidates said sections 548 and 549 of title 18, U. S. C., 1940 ed. Section 548 of said title covered 10 crimes. Section 549 of said title covered the same except robbery and incest.

The 1932 amendment of section 548 of title 18, U. S. C., 1940 ed., constituting the last paragraph of the section, is omitted and section 549 of said title to which it applied likewise is omitted. The revised section therefore suffices to cover prosecution of the specific offenses committed on all reservations as intended by Congress.

Words "Indian country" were substituted for language relating to jurisdiction extending to reservations and rights-of-way, in view of definitive section 1151 of this title.

Paul W. Hyatt, president, board of commissioners, Idaho State Bar, recommended that said section 548 be considered

with other sections in title 25, Indians, U. S. C., 1940 ed., and revised to insure certainty as to questions of jurisdiction, and punishment on conviction. Insofar as the recommendation came within the scope of this revision, it was followed.

The proviso in said section 548 of title 18, U. S. C., 1940 ed., which provided that rape should be defined in accordance with the laws of the State in which the offense was committed, was changed to include burglary so as to clarify the punishment for that offense.

Venue provisions of said section 548 of title 18, U. S. C., 1940 ed., are incorporated in section 3242 of this title.

Section 549 of title 18, U. S. C., 1940 ed., conferred special jurisdiction on the United States District Court for South Dakota of all crimes of murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, and larceny committed within the limits of any Indian reservation within the State, whether by or against Indians or non-Indians. The Act of February 2, 1903, 32 Stat. 793, from which said section 549 was derived, accepted the cession by South Dakota of such jurisdiction.

The effect of revised sections 1151, 1152, and 1153 of this title is to deprive the United States District Court for the District of South Dakota of jurisdiction of offenses on Indian reservations committed by non-Indians against non-Indians and to restore such jurisdiction to the courts of the State of South Dakota as in other States. This reflects the views of the United States attorney, George Philip, of the district of South Dakota.

Minor changes were made in translation and phraseology.

AMENDMENTS 1949—Act May 24, 1949 amended section by eliminating the 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.

CROSS REFERENCES Jurisdiction conferred on State of Kansas, see section 3243 of this title.

Jurisdiction of offenses, see section 3242 of this title.

$ 1154. Intoxicants dispensed in Indian country.

(a) Whoever sells, gives away, disposes of, exchanges, or barters any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, except for scientific, sacramental, medicinal or mechanical purposes, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom an allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and whoever introduces or attempts to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, shall, for the first offense, be fined not more than $500 or imprisoned not more than one year, or both; and, for each subsequent offense, be fined not more than $2,000 or imprisoned not more than five years, or both.

(b) It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the Department

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