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674. Indian Country—Introduction

Criminal jurisdiction in the "Indian Country," 18 U.S.C. §  1151, is allocated among federal, state and tribal courts. Most federal criminal law for the Indian country is set forth in 18 U.S.C. §§ 1151-1170. Sections 1152 and 1153 are the most important. Jurisdiction over particular cases in the Indian country depends in general upon three factors: the nature of the offense, whether any jurisdiction has been conferred on the state, and whether the perpetrator or victim is an Indian. The charts in this Manual at 689 are a synopsis of the law presently applicable in the Indian country and reflect the statutes, court decisions and current Department policy. See also Duro v. Reina, 495 U.S. 676, 680 n. 1 (1990); 25 U.S.C. § 1301(4).

[cited in JM 9-20.100]

Updated January 22, 2020