Reading Room Document

Jurisdiction Over "Victimless" Crimes Committed by Non-Indians on Indian Reservations

This document discusses the jurisdictional issues surrounding "victimless" crimes committed by non-Indians on Indian reservations. The conclusion reached is that, as a general rule, such offenders fall within the exclusive jurisdiction of State courts. However, a more limited class of crimes involving direct injury to Indian interests should be recognized as having Indian victims, and in such cases, Federal law enforcement officers may properly prosecute non-Indian offenders in the Federal courts. The document also presents the question of whether State authorities may legally charge a non-Indian offender with commission of an offense against State law, or whether Federal jurisdiction is exclusive. It suggests that a substantial case can be made for the proposition that the States are not ousted from jurisdiction with regard to offenses committed by non-Indian offenders that pose a direct and substantial threat to Indian victims.

March 21, 1979