Navigating P.L. 280 Jurisdiction
What is Public Law 280 (PL-280)?
In the 1800s, the federal government adopted two laws that allowed for the assertion of federal criminal jurisdiction over Indians: the General Crimes Act (1817) and the Major Crimes Act (1885).
This General Crimes Act created federal criminal jurisdiction over some federal crimes committed by Indian offenders against non-Indian victims and for all crimes against Indian victims by non-Indian offenders. In 1885, following the case of Ex Parte Crow Dog, Congress enacted the Major Crimes Act. Under the Major Crimes Act, the federal jurisdiction asserted concurrent jurisdiction over major crimes named in the act committed by one Indian against another Indian. There were initially seven major crimes, but now the Major Crimes Act includes more than 42 crimes in its subsections.
Sharing concurrent criminal jurisdiction between two governing bodies was challenging enough, however, in 1953 Congress brought state civil and criminal jurisdiction into Indian Country within certain states’ boundaries. Public Law 280 is a termination-era law enacted by Congress in 1953. PL 280 is a multi-part federal statute that consists of a civil provision and a criminal provision. The PL 280 civil provision allows for civil disputes arising in Indian Country to be heard in state civil courts.
The PL 280 criminal provision eliminates federal criminal jurisdiction over Indian Country pursuant to the General Crimes Act and the Major Crimes Act and gives the state permission to exercise state criminal jurisdiction over tribal communities in the following states:
● California ----------- All Indian Country within the State
● Minnesota -----------All Indian Country within the State, except the Red Lake Reservation
● Nebraska ------------All Indian Country within the State
● Oregon --------------All Indian Country within the State, except the Warm Springs Reservation
● Wisconsin ------------All Indian Country within the State, except the Me-nominee Reservation
Where To Report A Crime
The jurisdictional responsibility over a violent crime occurring on tribal lands depends on
The crime type that occurs
the Indian status of the perpetrator
the Indian status of the victim of the crime
The location of where the crime occurred
applicable tribal laws
If a tribe has adopted criminal laws and has a criminal justice system, the tribe can bring charges against a perpetrator of a violent crime. Victims of crime should discuss with their tribal victim advocate if there are pros and cons associated with filing their complaint in tribal or state jurisdiction.
The NCTCC Mobile App has a Jurisdiction Tool that helps navigate the user to report a crime in a P.L. 280 State.
NCTCC App Jurisdiction Tool Walkthrough
Step 1: Download the NCTCC App
To visit the Jurisdiction Tool in the NCTCC App, download the NCTCC Victim Service Mobile Application at nctcc.org/nctcc-app or search for “nctcc” in the Google Play or Apple Store.
Step 2: Open the NCTCC App
Step 3: Select the Menu Button “Criminal Justice System Explained”
Step 4: Select “Where Should I Report?”
Step 5: Select the best response to the question “What Happened to You?”
Step 6: Select the best response to “Describe your Indian status”
Step 7: Select the best response to “Describe the Indian status of the person that harmed you”
Step 8: Select the best response to “ Where do you live?”
Step 9: Select the best response to “Where did the crime occur?”
After you make these selections you will receive a response from the App that best determines where to report a crime.
