National Indian Country Clearinghouse on Sexual Assault

Federal Law publications

 

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Statutes - 30

 

Statutes

 

18 U.S.C. § 1169 18 U.S.C. § 1169

 

This statute is a mandatory reporting statute. This statute imposes a federal duty to report child abuse or suspected child abuse in Indian Country. Failure to comply with this statute can result in federal incarceration.

 

 

18 U.S.C. § 13 - The Assimilative Crimes Act 18 U.S.C. § 13 - The Assimilative Crimes Act

 

The Assimilative Crimes Act provides federal jurisdiction over lesser crimes committed in Indian Country that are not defined by federal law (for example the crime of indecent exposure). The Assimilative Crimes Act borrows state criminal law and applies it through federal law to Indian Country. Thus, under this Act, a perpetrator is charged with a federal offense and is tried in federal court, but the crime itself is defined and the perpetrator's sentence are provided by state law.

 

 

18 U.S.C. § 2241 -Federal Aggravated Sexual Abuse Law 18 U.S.C. § 2241 -Federal Aggravated Sexual Abuse Law

 

Under the federal Sexual Abuse law, a perpetrator in Indian Country can be convicted of a federal offense if he: (1) causes another person to engage in a sexual act by threatening or placing that other person in fear or (2) engages in a sexual act with another person if that other person is either incapable of appraising the nature of the conduct physically incapable of declining participation in sexual act. Any person convicted under this law can be sentenced to lifetime imprisonment.

 

 

18 U.S.C. § 2242 - Sexual Abuse Law 18 U.S.C. § 2242 - Sexual Abuse Law

 

Under the federal Sexual Abuse law, a perpetrator in Indian Country can be convicted of a federal offense if he: (1) causes another person to engage in a sexual act by threatening or placing that other person in fear or (2) engages in a sexual act with another person if that other person is either incapable of appraising the nature of the conduct physically incapable of declining participation in sexual act. Any person convicted under this law can be sentenced to lifetime imprisonment.

 

 

18 U.S.C. § 2243 - Sexual Assault of a Minor or Ward 18 U.S.C. § 2243 - Sexual Assault of a Minor or Ward

 

Under the federal Abusive Sexual Contact law, a perpetrator in Indian Country can be convicted of a federal offense if he knowingly engages in sexual contact with a victim, if so to do would violate a number of predetermined circumstances. Depending upon which section of this law the perpetrator violates, he can be sentenced up to life imprisonment in the federal penitentiary.

 

 

18 U.S.C. § 2244 - Abusive Sexual Contact 18 U.S.C. § 2244 - Abusive Sexual Contact

 

 

 

18 U.S.C. § 2245 - Offenses Ending in Death 18 U.S.C. § 2245 - Offenses Ending in Death

 

Under this federal law, a perpetrator in Indian Country can be sentenced to life imprisonment or the death penalty if he sexually abuses the victim and the victim dies as a result of the attack.

 

 

18 U.S.C. § 2246 - Definitions - Federal Sexual Abuse Crimes 18 U.S.C. § 2246 - Definitions - Federal Sexual Abuse Crimes

 

This federal law provides definitions which explain the federal sexual abuse crimes.

 

 

18 U.S.C. § 2247 - Repeat Offenders 18 U.S.C. § 2247 - Repeat Offenders

 

This federal law requires that repeat perpetrators of sexual abuse must be sentenced to twice the amount of incarceration than otherwise provided within the federal code.

 

 

18 U.S.C. § 2248 - Restitution 18 U.S.C. § 2248 - Restitution

 

This federal law requires that, after he has been convicted of a federal sex abuse offense, the perpetrator must pay the full amount of the victim's losses. Under this statute, the perpetrator must pay for (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and (F) any other losses suffered by the victim as a proximate result of the offense. This restitution is not optional, and the trial court must award the victim these damages.

 

 

18 U.S.C. § 2261 - Interstate Domestic Violence 18 U.S.C. § 2261 - Interstate Domestic Violence

 

This is a federal domestic abuse law. It prohibits a perpetrator from entering or leaving Indian Country, or causing his intimate partner to enter or leave Indian Country, for the purpose of abusing her. There are a wide variety of punishments under this statute ranging from five years, if there is a standard violation of the statute, to life imprisonment, if the perpetrator kills the victim during the course of the abuse.

 

 

18 U.S.C. § 2261A - Stalking 18 U.S.C. § 2261A - Stalking

 

This is a federal anti-stalking law. It prohibits a perpetrator from entering or leaving Indian Country for the purposes of killing, injuring, harassing or intimidating a victim.

 

 

18 U.S.C. § 2262 - Interstate Violation of Protection Order 18 U.S.C. § 2262 - Interstate Violation of Protection Order

 

This law prohibits interstate or Indian Country violations of protection orders. If the perpetrator violates a qualifying protection order in Indian Country, he can be sentenced to up to twenty years imprisonment.

 

 

18 U.S.C. § 2264 - Restitution 18 U.S.C. § 2264 - Restitution

 

This federal law requires that, after he has been convicted of a federal offense of domestic violence, stalking, or violating a protection order, the perpetrator must pay the full amount of the victim's losses. Under this statute, the perpetrator must pay for (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and (F) any other losses suffered by the victim as a proximate result of the offense. This restitution is not optional, and the trial court must award the victim these damages.

 

 

18 U.S.C. § 2265 - Full Faith and Credit Given to Protection Orders 18 U.S.C. § 2265 - Full Faith and Credit Given to Protection Orders

 

This federal law requires that qualifying protection orders issued by tribal courts must be given Full Faith and Credit by other jurisdictions, including other tribes and states.

 

 

18 U.S.C. § 2265A - Repeat Offenders 18 U.S.C. § 2265A - Repeat Offenders

 

This federal law requires that repeat perpetrators of sexual abuse must be sentenced to twice the amount of incarceration than otherwise provided within the federal code.

 

 

18 U.S.C. § 2266 - Definitions: Domestic Violence and Stalking 18 U.S.C. § 2266 - Definitions: Domestic Violence and Stalking

 

This law provides definitions that are relevant to the federal protection order, domestic abuse, and stalking laws.

 

 

18 U.S.C. § 3142 - Release and Detention Pending Judicial Proceedings 18 U.S.C. § 3142 - Release and Detention Pending Judicial Proceedings

 

This law outlines the different options for releasing a defendant pending a federal criminal trial. Under this statute a defendant can: (1) be released upon his own recognizance (meaning released without having to pay any money to the court); (2) be released according to special, court-specified conditions; (3) temporarily detained for the duration of related proceedings (i.e., bond revocation or deportation); or (4) detained until trial.

 

 

18 U.S.C. § 3156 - Definitions: Release and Detention Pending Judicial Proceedings 18 U.S.C. § 3156 - Definitions: Release and Detention Pending Judicial Proceedings

 

This law contains definitions relevant to interpreting the federal laws about release or detention of a defendant while he is waiting for his federal criminal trial.

 

 

18 U.S.C. § 3771 - Crime Victim Rights Act 18 U.S.C. § 3771 - Crime Victim Rights Act

 

This statute is commonly referred to as the Crime Victims' Rights Act or the CVRA. This statute secures eight rights for victims of federal crimes, including: (1) the right to be reasonably protected from the accused. (2) the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) the right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) the reasonable right to confer with the attorney for the Government in the case; (6) the right to full and timely restitution as provided in law; (7) the right to proceedings free from unreasonable delay; and (8) the right to be treated with fairness and with respect for the victim's dignity and privacy.

 

 

18 U.S.C. § 921 - Definitions - The Federal Criminal Firearms Act 18 U.S.C. § 921 - Definitions - The Federal Criminal Firearms Act

 

This statute contains definitions which clarify The Federal Criminal Firearms Laws

 

 

18 U.S.C. § 922 - The Gun Control Act 18 U.S.C. § 922 - The Gun Control Act

 

This statute is commonly referred to us the Gun Control Act. Under this Act, certain categories of people are not allowed to possess ship, transport, or receive a firearm. These categories include any person: (1) under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (2) convicted of a crime punishable by imprisonment for a term exceeding one year; (3) who is a fugitive from justice; (4) who is an unlawful user of or addicted to any controlled substance; (5) who has been adjudicated as a mental defective or has been committed to any mental institution; (6) who is an illegal alien; (7) who has been discharged from the military under dishonorable conditions; (8) who has renounced his or her United States citizenship; (9) who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or (1) who has been convicted of a misdemeanor crime of domestic violence. It is also illegal to transfer a firearm to somebody who falls into one of the aforementioned categories. NICCSA

 

 

18 U.S.C. §§ 7101-12 - The Trafficking Victims Protection Act 18 U.S.C. §§ 7101-12 - The Trafficking Victims Protection Act

 

The Trafficking Victims Protection Act (reauthorized in 2003, 2005, and 2008) defines a human trafficking victim as a person induced to perform labor or a commercial sex act through force, fraud, or coercion. Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion was present. Notably, there is no requirement of actual transportation of the victim. The TVPA enhances pre-existing criminal penalties in other related laws, affords new protections to trafficking victims and makes available certain benefits and services to victims of severe forms of trafficking once they become certified by the U.S. Department of Health and Human Services.

 

 

25 U.S.C. § 1902 – Indian Child Welfare Act (ICWA) 25 U.S.C. § 1902 – Indian Child Welfare Act (ICWA)

 

ICWA is a law passed in 1978 in response to the high number of Indian children being removed from their homes by both public and private agencies. ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.

 

 

25 U.S.C. § 2810 - Tribal Law and Order Act 25 U.S.C. § 2810 - Tribal Law and Order Act

 

Tribal Law and Order Act - The Tribal Law & Order Act strongly emphasizes the importance of decreasing violence against American Indian and Alaska Native women. The Act enhances tribes' authority to prosecute and punish criminals; expands efforts to recruit, train, and keep Bureau of Indian Affairs (BIA) and Tribal police officers; and provides BIA and Tribal police officers with greater access to criminal information sharing databases. It also authorizes new guidelines for handling sexual assault and domestic violence crimes.

 

 

42 U.S.C. § 10607 - Services to Victims 42 U.S.C. § 10607 - Services to Victims

 

42 U.S.C. § 10607. This statute outlines compensation and services available to victims.

 

 

42 U.S.C. § 14011 - Payment of Cost of Testing for Sexually Transmitted Diseases 42 U.S.C. § 14011 - Payment of Cost of Testing for Sexually Transmitted Diseases

 

This statute allows a victim to obtain an order against a perpetrator for S.T.D. testing, after sexual abuse charges have been filed against that perpetrator in federal court.

 

 

8 U.S.C. § 2262 - Protection Orders 8 U.S.C. § 2262 - Protection Orders

 

This law prohibits interstate or Indian Country violations of protection orders. If the perpetrator violates a qualifying protection order in Indian Country, he can be sentenced to up to twenty years imprisonment.

 

 

Public Law 82-280 Public Law 82-280

 

Public Law 83- 280 (commonly referred to as Public Law 280 or PL 280) transferred legal authority (criminal and civil jurisdiction) away from tribal and federal government to state governments. This law applies to six states: Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin.

 

 

Violence Against Women Act (2005) Violence Against Women Act (2005)

 

Violence Against Women Act (2005)- The Violence Against Women Reauthorization Act passed in 2005 improved upon Congress' original efforts in 1994 and 2000 and focused on: provisions that exclusively serve to protect immigrant victims of domestic violence but also include immigration protections to alleviate violence against immigrant women that previous legislation had tried, but failed to alleviate; prevention strategies to stop violence before it starts; protecting individuals from unfair eviction due to their status as victims of domestic violence or stalking; creating the first federal funding stream to support rape crisis centers; developing culturally-and linguistically-specific services for communities; enhancing programs and services for victims with disabilities; and broadening VAWA service provisions to include children and teenagers.

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy