8.113 Determination of Indian Status for Offenses Committed Within Indian Country (18 U.S.C. Sec. 1153)
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Summary: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
Under 18 U.S.C. § 1153, federal courts have jurisdiction exclusive of the states over offenses enumerated in the section when committed by a tribal Indian against the person or property of another tribal Indian or other person in Indian country. United States v. John, 437 U.S. 634 (1978).
Under the Major Crimes Act (MCA) of 1885, major felonies such as murder, sexual abuse, and kidnapping, are typically investigated by the FBI and prosecuted by U.S. Attorneys if they are committed by Native Americans on tribal land.
Murder. Manslaughter. Kidnapping. Maiming. A felony under chapter 109A (i.e. sexual abuse) Incest. A felony assault under section 113 (e.g. assault with intent to commit murder or assault with a dangerous weapon) An assault against an individual who has not attained the age of 16 years.
The Major Crimes Act, 18 U.S.C. § 1153, was enacted in 1885. It provides federal criminal jurisdiction over certain enumerated crimes if the defendant is Indian. It has exclusive federal jurisdiction over certain enumerated crimes such as murder, assault resulting in serious bodily injury, most sexual offenses, etc.
18 U.S. Code 1153 says, ?(a) Any Indian who commits against the person or property of another Indian or another 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
