When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.

The terms "Indian Country" include federal reservations, allotments of land for Native Americans that have not been extinguished, and dependent Native American communities that are not located on reservations or on allotments of land. Also, land that is held in trust for a Native American tribe or for a Native American is considered to be "Indian Country."

A state generally has exclusive jurisdiction over crimes that are committed in "Indian Country" by non-Native Americans against non-Native Americans. A tribal court generally has jurisdiction over crimes that are committed in "Indian Country" by Native Americans against Native Americans or over crimes for which the tribe has exclusive jurisdiction under a treaty with the federal government. In order to be considered a Native American, a person must be a member of a federally recognized tribe.

The federal government generally has jurisdiction over criminal offenses that are committed in "Indian Country" by non-Native Americans against Native Americans. The federal government also has jurisdiction over certain offenses that are committed in "Indian Country" under the General Crimes Act and the Major Crimes Act. Under the General Crimes Act, offenses that are normally offenses under state law, such as arson, assault, maiming, theft, receiving stolen property, murder, manslaughter, and certain sexual offenses, may be investigated and prosecuted by the federal government if they are committed in "Indian Country." The General Crimes Act does not apply to offenses that are committed by a Native American against another Native American, to a Native American who has been punished by his or her tribe, or to any case where the tribe has exclusive jurisdiction under a treaty with the federal government. However, the exceptions under the General Crimes Act do not apply to the commission of a federal offense by a Native American, such as bank robbery, federal drug offenses, and federal firearms offenses. The exceptions under the General Crimes Act also do not apply to violations under the Major Crimes Act or to violations of the federal liquor laws.

Under the Major Crimes Act, the federal government has jurisdiction over major felonies that are committed in "Indian Country" by Native Americans. The federal government has jurisdiction regardless of whether the victims of the offenses are Native Americans or non-Native Americans.

The Federal Bureau of Investigation (FBI) generally investigates crimes that are committed in "Indian Country" when the federal government has jurisdiction over the crimes. A tribe or the Bureau of Indian Affairs (BIA) generally investigates crimes that are committed in "Indian County" when the tribe has jurisdiction over the crimes. However, the FBI, the tribe, and the BIA are often jointly involved in investigations of crimes that are committed in "Indian Country."

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.