Federal gov't can NOT prosecute non-Indians for victimless crimes in Indian Country

Here's an interesting twist - in a criminal case over an illegal cockfight conducted on a Kiowa Tribal member's allotment in Oklahoma, the state figured it lacked jurisdiction over the spectators who were arrested.  After all, it was clearly in Indian Country.  So the spectators were charged in federal court.

But in US v. Langford, just announced, the 10th Circuit says that federal jurisdiction over crimes in Indian Country  is "contingent upon the existence of either an Indian victim or perpetrator".......or, in other words, the feds cannot prosecute victimless crimes done by non-Indians in Indian Country.  

HOWEVER, the 10th Circuit specifically said that does NOT leave a jurisdictional void....that, in this instance, "The State of Oklahoma has jurisdiction to prosecute victimless crimes, such as cockfighting, committed in Indian Country by a non-Indian."

You can find the decision posted HERE.

 

twp