18 U.S.C. § 1160 — Property damaged in committing offense
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 163 words · no verdicts yet
When a non-Indian takes, injures, or destroys a friendly Indian’s property while committing an offense in Indian country, the conviction must require payment of twice the property’s just value. The Treasury pays specified shortfalls or the value when the offender cannot be apprehended, subject to the stated bar for private revenge or force.
Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction must include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed. If the offender is unable to pay at least the property’s just value or amount, any shortfall in that payment must be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property must be paid out of the Treasury. But no Indian must be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence.
Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed.
If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 103–322, title XXXIII, § 330004(9), Sept. 13, 1994, 108 Stat. 2141.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 759
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2141
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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