Illegal trafficking in Native American human remains and cultural items

18 U.S.C. § 1170

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 53 — INDIANS

Text

(a) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both.
(b) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.

History

(Added Pub. L. 101–601, §4(a), Nov. 16, 1990, 104 Stat. 3052; amended Pub. L. 103–322, title XXXIII, §330010(4), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 117–258, §4, Dec. 21, 2022, 136 Stat. 2374.)

Editorial Notes

Editorial Notes

References in Text
The Native American Graves Protection and Repatriation Act, referred to in text, is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables.

Amendments
2022—Subsec. (a). Pub. L. 117–258 substituted "1 year and 1 day" for "12 months" and "10 years" for "5 years".
Subsec. (b). Pub. L. 117–258, §4(1), substituted "10 years" for "5 years".
1994—Pub. L. 103–322 substituted "Illegal trafficking in Native American human remains and cultural items" for "Illegal Trafficking in Native American Human Remains and Cultural Items" in section catchline.

Editorial Notes

Amendments
1994—Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title by "striking 'kidnaping' each place it appears and inserting 'kidnapping' ", was executed by substituting "KIDNAPPING" for "KIDNAPING" in chapter heading and "Kidnapping" for "Kidnaping" in item 1201, to reflect the probable intent of Congress.
1993—Pub. L. 103–173, §2(c), Dec. 2, 1993, 107 Stat. 1999, added item 1204.
1984—Pub. L. 98–473, title II, §2002(b), Oct. 12, 1984, 98 Stat. 2186, added item 1203.
1972—Pub. L. 92–539, title II, §202, Oct. 24, 1972, 86 Stat. 1072, substituted "Kidnaping" for "Transportation" in item 1201.