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Williams v. United States

Williams v. United States

Supreme Court of the United States

December 10, 1945, Argued ; April 1, 1946, Decided

No. 123

Opinion

 [*712]   [**779]   [***963]  MR. JUSTICE BURTON delivered the opinion of the Court.

This case turns upon the applicability of the Assimilative Crimes Act, § 289 of the Criminal Code, 54 Stat. 234, 18 U. S. C. § 468, which reads:

] "Whoever, within the territorial limits of any State, organized Territory, or district, but within or upon any of the places now existing or hereafter reserved or acquired, described in section 272 of the Criminal Code (U. S. C., title 18, sec. 451), 1 shall do or omit the doing of any act or thing which is not made penal by any  [****3]  laws of Congress, but which if committed or omitted within the jurisdiction of the State, Territory,  [*713]  or district in which such place is situated, by the laws thereof in force on February 1, 1940, and remaining in force at the time of the doing or omitting the doing of such act or thing, would  [***964]  be penal, shall be deemed guilty of a like offense and be subject to a like punishment."

The petitioner, a  [****4]  married white man, was convicted in the District Court of the United States for the District of Arizona, of having had sexual intercourse in 1943, within the Colorado River Indian Reservation in Arizona, with an unmarried Indian girl who was then over 16, but under 18, years of age. There was no charge or evidence of use of force by the petitioner or of lack of consent by the girl. The Circuit Court of Appeals affirmed the judgment by a divided court. We granted certiorari under § 240 (a) of the Judicial Code because of the importance of the case in interpreting the Assimilative Crimes Act.

It is not disputed that this ] Indian reservation is "reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof," 2 [****5]  or that it is "Indian country" within the meaning of Rev. Stat. § 2145. 3 This means that many sections of the Federal Criminal Code apply to the reservation, including not only the Assimilative Crimes Act, but also those making penal the offenses of rape, 4 assault with intent to  [*714]  commit rape, 5 having carnal knowledge of a girl, 6 [****6]  adultery 7  [**780]  and fornication. 8

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327 U.S. 711 *; 66 S. Ct. 778 **; 90 L. Ed. 962 ***; 1946 U.S. LEXIS 2570 ****

WILLIAMS v. UNITED STATES

Prior History: CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT.

Petitioner was convicted in the federal District Court of an alleged offense committed within the Colorado River  [****2]  Indian Reservation in Arizona. The Circuit Court of Appeals affirmed the judgment of conviction. 148 F.2d 960. This Court granted certiorari. 326 U.S. 701. Reversed, p. 725.

Disposition:  148 F.2d 960, reversed.

CORE TERMS

Assimilative Crimes Act, rape, reservation, offenses, girl, federal crime, enlarge

Criminal Law & Procedure, Jurisdiction & Venue, Jurisdiction, Governments, Native Americans, Authority & Jurisdiction, Sexual Assault, Rape, General Overview, Military & Veterans Law, Military Justice, Jurisdiction, Assimilation, Civil Procedure, Subject Matter Jurisdiction, Jurisdiction Over Actions, Illegal Consensual Relations, Adultery, Sex Crimes, Statutory Rape, Conflict of Law, Defenses, Consent