§ 1170. Illegal trafficking in Native American human remains and cultural items

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Native American Graves Protection and Repatriation Act

   Pub. L. 101–601 § 4(a) · 104 Stat. 3048

   Enacted · 18 U.S.C. § 1170

   Added Pub. L. 101–601, § 4(a), Nov. 16, 1990, 104 Stat. 3052

   Source evidence

   Code source credit
   Added Pub. L. 101–601, § 4(a), Nov. 16, 1990, 104 Stat. 3052

   Enacted provision · exact public law section
   (a) Illegal Trafficking.— Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 1170. Illegal Trafficking in Native American Human Remains and Cultural Items “(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 12 months, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 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 5 years, or both.”.

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330010(4) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1170

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (4) so that the heading of section 1170 reads as follows: “§1170. Illegal trafficking in Native American human remains and cultural items”;

3. 2022

   Safeguard Tribal Objects of Patrimony Act of 2021

   Pub. L. 117–258 § 4 · 136 Stat. 2372

   1. Substituted · 18 U.S.C. § 1170(a)

      Pub. L. 117–258 substituted “1 year and 1 day” for “12 months”

   2. Substituted · 18 U.S.C. § 1170(a)

      Pub. L. 117–258 substituted “10 years” for “5 years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–258 substituted “1 year and 1 day” for “12 months” and “10 years” for “5 years”.

   Enacted provision · exact public law section
   SEC. 4. ENHANCED NAGPRA PENALTIES.   Section 1170 of title 18, United States Code, is amended— (1) by striking “5 years” each place it appears and inserting “10 years”; and (2) in subsection (a), by striking “12 months” and inserting “1 year and 1 day”.

4. 2022

   Safeguard Tribal Objects of Patrimony Act of 2021

   Pub. L. 117–258 § 4(1) · 136 Stat. 2372

   Substituted · 18 U.S.C. § 1170(b)

   Pub. L. 117–258, § 4(1), substituted “10 years” for “5 years”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 117–258, § 4(1), substituted “10 years” for “5 years”.

   Enacted provision · exact public law section
   (1) by striking “5 years” each place it appears and inserting “10 years”; and

5 of 5 references resolved to an enrolled provision