| 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. |
| 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. |
| 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. |