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10th Circuit dismisses charge against non-Indian at cockfight
Monday, April 11, 2011
Filed Under: Law

The federal government cannot prosecute non-Indians for victimless crimes in Indian Country, the 10th Circuit Court of Appeals ruled today.

Robert Langford, a non-Indian, attended a cockfight on an allotment held in trust for a member of the Kiowa Tribe. He was among dozens of non-Indians who were arrested at the July 2006 event.

Under Oklahoma law, it is illegal to be a spectator at a cockfight. However, the state lacks jurisdiction in Indian Country so Langford was charged in federal court in conjunction with two federal laws.

But the 10th Circuit said federal jurisdiction for crimes in Indian Country is "contingent upon the existence of either an Indian victim or perpetrator." That's not the case for Langford, whom the government conceded is a non-Indian.

"The states possess exclusive criminal jurisdiction over crimes occurring in Indian country if there is neither an Indian victim, nor an Indian perpetrator," the court wrote in the unanimous opinion.

The Oklahoma Constitution disclaims jurisdiction over Indian Country but the 10th Circuit said its decision doesn't mean the state cannot prosecute non-Indians for victimless crimes.

"We conclude by emphasizing that our holding does not create a 'safe haven' for 'fanatic cockfighters' as the government contends," the court stated. "The State of Oklahoma has jurisdiction to prosecute victimless crimes, such as cockfighting, committed in Indian country by a non-Indian."

Turtle Talk has posted documents from the case, US v. Langford.

10th Circuit Decision:
US v Langford (April 11, 2011)

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