U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 53— INDIANS

18 U.S.C. § 1170

Illegal trafficking in Native American human remains and cultural items

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(a) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both.(b) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.(Added Pub. L. 101–601, § 4(a), Nov. 16, 1990, 104 Stat. 3052; amended Pub. L. 103–322, title XXXIII, § 330010(4), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 117–258, § 4, Dec. 21, 2022, 136 Stat. 2374.)Editorial NotesReferences in Text

The Native American Graves Protection and Repatriation Act, referred to in text, is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–258 substituted “1 year and 1 day” for “12 months” and “10 years” for “5 years”.

Subsec. (b). Pub. L. 117–258, § 4(1), substituted “10 years” for “5 years”.

1994—Pub. L. 103–322 substituted “Illegal trafficking in Native American human remains and cultural items” for “Illegal Trafficking in Native American Human Remains and Cultural Items” in section catchline.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1996–2026 · leading case: State v. Taylor, 269 P.3d 740 (Haw. 2011).
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State v. Taylor, 269 P.3d 740 (Haw. 2011). · cites it 22× “) § 371, quoted infra, and Trafficking in Native American cultural items in violation of 18 U.S.C. § 1170 (b), [3] which imposes sanctions for violations of NAGPRA, discussed infra.”
United States v. David George Kramer, 168 F.3d 1196 (10th Cir. 1999). · cites it 4× “…June 6, 1996 with violating 16 U.S.C. §§ 703 , 707(a), and 707(b)(2) (Migratory Bird Treaty Act) (Counts I and IV); 18 U.S.C. § 1170 and 25 U.S.C. §§ 3001 (3)(D) and 3002(c) (Illegal Trafficking in Native American Items) (Counts II — III); and 16 U.S.C. § 668 (Bald and Golden…”
United States v. Rodney Phillip Tidwell, 191 F.3d 976 (9th Cir. 1999). · cites it 4× “§ 371 , seven counts of illegal trafficking in Native American cultural items under 18 U.S.C. § 1170 , eleven counts of theft of tribal property under 18 U.”
United States v. Corrow, 941 F. Supp. 1553 (D.N.M. 1996). · cites it 6× “Corrow with the illegal purchase and sale of Native American cultural items, known as Yei B’Chei, in violation of NAGPRA, 18 U.S.C. § 1170 (b), 25 U.S.C. § 3001 (3)(D), and 25 U.”
VanZandt v. Fish & Wildlife Serv., 524 F. Supp. 2d 239 (W.D.N.Y. 2007). · cites it 3× “though, the complaint set forth eleven causes of action, as a result of the Court’s prior decision and order, only the following remain: THIRD COUNT — (Abuse of Process as against Ellen Kiley and the Fish and Wildlife Service) — at the time of the application for the Search…”
United States v. Corrow, 119 F.3d 796 (10th Cir. 1997). · cites it 3× “§ 3001 (3)(D) of NAGPRA which defines “cultural patrimony,” the basis for his conviction of trafficking in protected Native American cultural items in violation of 18 U.S.C. § 1170 (b). First, he contends the definition is unconstitutionally vague, an argument the district court…”
Winnebago Tribe of Nebraska v. United States Dep't of the Army (4th Cir. 2026). · cites it 4× “18 U.S.C. § 1170 (a). And for 5 USCA4 Appeal: 24-2081 Doc: 66 Filed: 05/14/2026 Pg: 6 of 41 purposes of that provision and others, NAGPRA defines “right of possession” as “possession obtained with the voluntary consent of an individual or group that had authority of alienation.”
United States v. Kramer (10th Cir. 1999). · cites it 4× “…6, 1996 with violating 16 U.S.C. §§ 703 , 707(a), and 707(b)(2) (Migratory Bird Treaty Act) (Counts I -2- and IV); 18 U.S.C. § 1170 and 25 U.S.C. §§ 3001 (3)(D) and 3002(c) (Illegal Trafficking in Native American Items) (Counts II-III); and 16 U.S.C. § 668 (Bald and Golden…”
Scope of Crim. Enf't Under 42 U.S.C. § 1320d-6 (OLC 2005). “; see also 18 U.S.C. § 1170 (b) (2000) (“Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.