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U.S. Code as of:
01/19/04
Section 1154. Intoxicants dispensed in Indian country
(a) Whoever sells, gives away, disposes of, exchanges, or barters
any malt, spirituous, or vinous liquor, including beer, ale, and
wine, or any ardent or other intoxicating liquor of any kind
whatsoever, except for scientific, sacramental, medicinal or
mechanical purposes, or any essence, extract, bitters, preparation,
compound, composition, or any article whatsoever, under any name,
label, or brand, which produces intoxication, to any Indian to whom
an allotment of land has been made while the title to the same
shall be held in trust by the Government, or to any Indian who is a
ward of the Government under charge of any Indian superintendent,
or to any Indian, including mixed bloods, over whom the Government,
through its departments, exercises guardianship, and whoever
introduces or attempts to introduce any malt, spirituous, or vinous
liquor, including beer, ale, and wine, or any ardent or
intoxicating liquor of any kind whatsoever into the Indian country,
shall, for the first offense, be fined under this title or
imprisoned not more than one year, or both; and, for each
subsequent offense, be fined under this title or imprisoned not
more than five years, or both.
(b) It shall be a sufficient defense to any charge of introducing
or attempting to introduce ardent spirits, ale, beer, wine, or
intoxicating liquors into the Indian country that the acts charged
were done under authority, in writing, from the Department of the
Army or any officer duly authorized thereunto by the Department of
the Army, but this subsection shall not bar the prosecution of any
officer, soldier, sutler or storekeeper, attache&233;, or employee
of the Army of the United States who barters, donates, or furnishes
in any manner whatsoever liquors, beer, or any intoxicating
beverage whatsoever to any Indian.
(c) The term "Indian country" as used in this section does not
include fee-patented lands in non-Indian communities or
rights-of-way through Indian reservations, and this section does
not apply to such lands or rights-of-way in the absence of a treaty
or statute extending the Indian liquor laws thereto.
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