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681. Indian Jurisdiction—Tribal Options

Unless the governing body of the tribe exercising jurisdiction over the situs of the crime has elected for their application, neither the death penalty provision, the "three strikes" provision, nor the enhanced juvenile transfer provision of Pub. L. 103-322, enacted September 23, 1994, applies to offenses for which the sole basis for federal jurisdiction is that the offense was committed in Indian country. See 18 U.S.C. §§ 3598, 3559(c) and 5032 §  8214, respectively.

[cited in JM 9-20.100]

Updated January 22, 2020