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2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 1166 Gambling in Indian country us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 53 INDIANS 1166 18 U.S.C. § 1166 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s1166 data/legal/raw/us/code/title-18/usc18.xml 1d3d6dfaab658e55fe225f514cc28c39150cde870966ef59d7dec537e5aa6e16 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 1b37fc5d512ea74bd6cc6c71fdf1ea52ebaef49dc02321c59d9a5228cb2117e7 2026-07-04 official
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18 U.S.C. § 1166 - Gambling in Indian country

Text

(a) Subject to subsection (c), for purposes of Federal law, all State laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State.

(b) Whoever in Indian country is guilty of any act or omission involving gambling, whether or not conducted or sanctioned by an Indian tribe, which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which the act or omission occurred, under the laws governing the licensing, regulation, or prohibition of gambling in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(c) For the purpose of this section, the term “gambling” does not include—

(1) class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act, or

(2) class III gaming conducted under a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act that is in effect.

(d) The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or under any other provision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the Indian tribe.

(Added Pub. L. 100497, § 23, Oct. 17, 1988, 102 Stat. 2487.)

Notes

Editorial Notes

References in TextThe Indian Gaming Regulatory Act, referred to in subsec. (c), is Pub. L. 100497, Oct. 17, 1988, 102 Stat. 2467, which enacted sections 1166 to 1168 of this title and chapter 25 (§ 2701 et seq.) of Title 25, Indians. Section 11(d)(8) of such Act is classified to section 2710(d)(8) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 25 and Tables.