(a) Whoever sells, gives away, disposes of, exchanges, or barters any
malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent
or other intoxicating liquor of any kind whatsoever, except for scientific,
sacramental, medicinal or mechanical purposes, or any essence, extract, bitters,
preparation, compound, composition, or any article whatsoever, under any name,
label, or brand, which produces intoxication, to any Indian to whom an allotment
of land has been made while the title to the same shall be held in trust by the
Government, or to any Indian who is a ward of the Government under charge of any
Indian superintendent, or to any Indian, including mixed bloods, over whom the
Government, through its departments, exercises guardianship, and whoever
introduces or attempts to introduce any malt, spirituous, or vinous liquor,
including beer, ale, and wine, or any ardent or intoxicating liquor of any kind
whatsoever into the Indian country, shall, for the first offense, be fined under
this title or imprisoned not more than one year, or both; and, for each
subsequent offense, be fined under this title or imprisoned not more than five
years, or both.
(b) It
shall be a sufficient defense to any charge of introducing or attempting to
introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the
Indian country that the acts charged were done under authority, in writing, from
the Department of the Army or any officer duly authorized thereunto by the
Department of the Army, but this subsection shall not bar the prosecution of any
officer, soldier, sutler or storekeeper, attache, or employee of the Army of the
United States who barters, donates, or furnishes in any manner whatsoever
liquors, beer, or any intoxicating beverage whatsoever to any Indian.
(c) The
term “Indian country” as used in this section does not include fee-patented
lands in non-Indian communities or rights-of-way through Indian reservations,
and this section does not apply to such lands or rights-of-way in the absence of
a treaty or statute extending the Indian liquor laws thereto.