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NAGPRA also makes it a criminal offense to traffic in Native American human remains without right of possession or in Native American cultural items obtained in violation of the Act. In the original statute penalties for a first offense could reach 12 months imprisonment and a $100,000 fine. The statute was amended in 2022 to increase the penalty for a first conviction for trafficking Native American human remains from 12 months imprisonment to one year and one day (a felony) and for a subsequent conviction from five years to ten years. An initial

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