18 U.S.C. § 1160
Section 1160 · Property damaged in committing offense
Amended 2 times on record
Applied in 5 court decisions — leading case Morongo Band of Mission Indians v. Rose (1990)
Most recently applied in Coosewoon v. Meridian Oil Co. (May 1994)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed.
If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians (R.S. 2154, 2155).
Section consolidates said sections 227 and 228 of title 25, U.S.C., 1940 ed., Indians, with such changes in phraseology as were necessary to effect consolidation.
The phrase “or whose person was injured,” which followed the words “friendly Indian to whom the property may belong,” was deleted as meaningless.
Amendments
1994—Pub. L. 103–322 substituted “non-Indian” for “white person” in first par.