Report Number I-2001-06
July 03, 2001
APPENDIX
Indian Gaming Statutes
Title 18 United States Code, Chapter 53 - Indians
Section 1166. Gambling in Indian Country
- All State laws pertaining to the licensing, regulation, or prohibition of gambling shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State.
- Whoever in Indian country is guilty of any act or omission involving gambling would be punishable under the laws governing the licensing, regulation, or prohibition of gambling.
- For the purpose of this section, the term "gambling" does not include:
- Class I gaming or Class II gaming regulated by the Indian Gaming Regulatory Act, or
- Class III gaming conducted under a tribal-state compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act that is in effect.
- The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a tribal-state compact approved by the Secretary of the Interior has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the Indian tribe.
Section 1167. Theft from Gaming Establishments on Indian Land
- Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value of $1,000 or less belonging to an establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, shall be fined under this title or be imprisoned for not more that one year, or both.
- Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value in excess of $1,000 belonging to a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, shall be fined under this title or be imprisoned for not more that ten years, or both.
Section 1168. Theft by Officers or Employees of Gaming Establishments on Indian Lands
- Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment of a value of $1,000 or less shall be fined not more than $250,000 or imprisoned not more than five years, or both.
- Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment of a value in excess of $1,000 shall be fined not more than $1,000,000 or imprisoned not more than twenty years, or both.