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689. Jurisdictional Summary

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

  1. 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 probably 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 probably 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.
    Non-Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach if an impact on individual Indian or tribal interest is clear.
    Indian Victimless There may be both federal and tribal jurisdiction. Under the Indian Gaming Regulatory Act, all state gaming laws, regulatory as well as criminal, are assimilated into federal law and exclusive jurisdiction is vested in the United States.
  2. Where jurisdiction has been conferred by Public Law 280, 18 U.S.C. § 1162

    Offender Victim Jurisdiction
    Non-Indian Non-Indian State jurisdiction is exclusive of federal and tribal jurisdiction.
    Non-Indian Indian "Mandatory" state has jurisdiction exclusive of federal and tribal jurisdiction. "Option" state and federal government have jurisdiction. There is no tribal jurisdiction.
    Indian Non-Indian "Mandatory" state has jurisdiction exclusive of federal government but not necessarily of the tribe. "Option" state has concurrent jurisdiction with the federal courts.
    Indian Indian "Mandatory" state has jurisdiction exclusive of federal government but not necessarily of the tribe. "Option" state has concurrent jurisdiction with tribal courts for all offenses, and concurrent jurisdiction with the federal courts for those listed in 18 U.S.C. § 1153.
    Non-Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach in an option state if impact on individual Indian or tribal interest is clear.
    Indian Victimless There may be concurrent state, tribal, and in an option state, federal jurisdiction. There is no state regulatory jurisdiction.
  3. Where jurisdiction has been conferred by another statute

    Offender Victim Jurisdiction
    Non-Indian Non-Indian State jurisdiction is exclusive of federal and tribal jurisdiction.
    Non-Indian Indian Unless otherwise expressly provided, there is concurrent federal and state jurisdiction exclusive of tribal jurisdiction.
    Indian Non-Indian Unless otherwise expressly provided, state has concurrent jurisdiction with federal and tribal courts.
    Indian Indian State has concurrent jurisdiction with tribal courts for all offenses, and concurrent jurisdiction with the federal courts for those listed in 18 U.S.C. § 1153.
    Non-Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach if impact on individual Indian or tribal interest is clear.
    Indian Victimless There may be concurrent state, federal and tribal jurisdiction. There is no state regulatory jurisdiction.

[cited in Criminal Resource Manual 674; USAM 9-20.100]

Updated June 9, 2015