United States v. Langford, No. 10-6070 (10th Cir. 2011)
Annotate this CaseThe defendant was convicted of being a spectator at a cockfight that occurred in Indian Country, in violation of the Assimilative Crimes Act, 18 U.S.C. 13, (assimilating Oklahoma law criminalizing cockfighting and being a spectator) as applied through the Indian Country Crimes Act, 18 U.S.C. 1152. The Tenth Circuit remanded for dismissal. The prosecution failed to present any evidence that the defendant was an Indian; Indian status of the victim or perpetrator is an element of the federal criminal statute. Federal courts lack jurisdiction over a victimless crime, committed in Indian Country by a non-Indian. The court noted that the state retains jurisdiction.
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