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Working Effectively with Tribal Governments

Federal Indian Law and Policy

Which government has jurisdiction?

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The following chart sets forth in summary form which government entity has criminal jurisdiction in various types of scenarios.

Where jurisdiction has not been conferred on the state


Offender

Victim

Jurisdiction

Non-Indian Non-Indian State jurisdiction is exclusive of federal and tribal jurisdiction.
Non-Indian Indian Federal jurisdiction under 18 U.S.C. 1152 is exclusive of state and tribal jurisdiction.
Indian Non-Indian If listed in 18 U.S.C. 1153, there is federal jurisdiction, exclusive of the state, but not of the tribe. If the listed offense is not otherwise defined and punished by federal law applicable in the special maritime and territorial jurisdiction of the United States, state law is assimilated. If not listed in 18 U.S.C. 1153, there is federal jurisdiction, exclusive of the state, but not of the tribe, under 18 U.S.C. 1152. If the offense is not defined and punished by a statute applicable within the special maritime and territorial jurisdiction of the United States, state law is assimilated under 18 U.S.C. 13.
Indian Indian If the offense is listed in 18 U.S.C. 1153, there is federal jurisdiction, exclusive of the state, but not of the tribe. If the listed offense is not otherwise defined and punished by federal law applicable in the special maritime and territorial jurisdiction of the United States, state law is assimilated. See section 1153(b). If not listed in 18 U.S.C. 1153, tribal jurisdiction is exclusive.



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