The National Strategy for Child Exploitation Prevention and Interdiction

• Some American Indians who speak traditional languages may experience difficultycommunicating in English with federal law enforcement and in federal court.• Some American Indians who are unfamiliar with Anglo customs may be uncomfortableinteracting with law enforcement, prosecutorial, and court personnel duringinvestigations and trials. In some cases, victims and witnesses may have a tendency todistrust outsiders.Child sexual abuse potentially has many short-and long-term impacts on American Indianvictims and these potential problems frequently are exacerbated in Indian Country, where remotereservations result in isolation of the victims and their families and insufficient social services toassist victims with the effects of the abuse. Frequently reported short-term impacts include anger,hostility, low self-esteem, conduct disorders, delinquency, inappropriate sexual behavior, teenpregnancy, truancy, poor performance in school, substance abuse, and running away. Potentiallong-term impacts include sexual disturbance, depression, suicide, alcoholism, drug abuse,chronic unemployment, violence, and sexual abuse of others.The Department has authority to prosecute child exploitation crimes in Indian Countrypredicated on two main federal statutes that govern federal criminal jurisdiction in IndianCountry—18 U.S.C. § 1152 and § 1153. Section 1153, known as the Major Crimes Act, givesthe federal government jurisdiction to prosecute certain enumerated serious offenses, such asmurder, manslaughter, rape, aggravated assault, and child sexual abuse, when they arecommitted by Indians in Indian Country. Section 1152, known as the General Crimes Act, givesthe Federal Government exclusive jurisdiction to prosecute all crimes committed by non-Indiansagainst Indian victims. Section 1152 also grants the federal government jurisdiction to prosecuteminor crimes by Indians against non-Indians, although that jurisdiction is shared with tribes, andprovides that the federal government may not prosecute an Indian who has been punished by thelocal tribe for a minor offense. To protect tribal self-government, section 1152 also specificallyexcludes minor crimes between Indians, which fall under exclusive tribal jurisdiction. Thefederal government also has jurisdiction to prosecute federal crimes of general application, suchas drug and financial crimes, when they occur in Indian Country. On a limited number ofreservations, the federal criminal responsibilities under Sections 1152 and 1153 have been cededto the states. 73The Department’s response to violent crime in Indian Country is informed by the circumstancesof a tribe and the criminal justice issues confronting a particular reservation. The Department isfocused on the prosecution of cases, but also recognizes that prevention, training, and othergrassroots intervention efforts are vital for an effective solution to crime in Indian Country.These other efforts are important in Indian Country where financial resources may be limited andan adequate support system is not in place.73 Federal jurisdiction was ceded under Public Law (Pub. L.) 83-280 (commonly referred to as Public Law 280), 18U.S.C. § 1162, which required six states to assume jurisdiction over Indian Country crimes and divested the federalgovernment of jurisdiction to prosecute under the Major and Indian Country Crimes Acts in those areas. Public Law280 also allowed other states the option to assume jurisdiction. Congress also has passed a variety of reservationspecificstatutes providing for a similar framework of state jurisdiction over crimes in those locations. The federalgovernment retains jurisdiction to prosecute generally applicable offenses in Public Law 280 areas.39