Received by NILL: Circa 1999
Blackfeet Tribal Law and Order Code
CHAPTER
5 - [OFFENSES]
PART I
DEFINITIONS
Section 1.
"Act"has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action."Bodily Injury" means physical pain, illness, or any impairment of physical condition, includes mental illness or impairment.
"Consent" means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another.
"Family Member" means mothers, fathers, former spouse, persons who have a child in common, and other past or present family members. These relationships include those created by adoption, remarriage, stepchildren, stepparents, and in-laws.
"Indian" is a person who is either on enrollment book as a member of a tribe or recognized Indian in the community.
"Occupied Structure" means any building, vehicle, or other place suitable for human occupancy or night lodging of person or for carrying on business, whether or not a person is actually present.
"Knowingly" a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the persons own conduct or that the circumstance exist. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct.
"Peace Officer" any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to serve papers or to make arrests while acting within the scope of the person's authority.
"Possession" is a knowing control of anything for a sufficient time to be able to terminate control.
"Purposely" a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it the person's conscious object to engage in that conduct or to cause that result.
"Serious Bodily Injury" means bodily injury that creates a substantial risk of death; causes serious permanent disfigurement or protracted loss or impairment of the function or process of any bodily member or organ; or at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or the process of any bodily member or organ.
"Weapon" means an instrument, article, or substance that, regardless of its primary function is readily capable of being used to produce death or serious bodily injury.
PART II
OFFENSES AGAINST PERSONS
Section 1. Assault.
- Any
person commits the offense of assault if he or she knowingly causes
one of the following:
- Threatens
or attempts to inflict bodily injury upon another
- Inflicts
bodily injury upon another; or
- Inflicts
serious bodily injury upon another; or
-
Inflicts bodily injury upon a peace officer or Judge.
- Threatens
or attempts to inflict bodily injury upon another
- Any
person convicted of assault under A or B shall be sentenced to a fine
not to exceed one thousand dollars (1,000.00) or imprisoned for a
term not to exceed six (6) months, or both.
- Any
person convicted of assault under C and D shall be sentenced to a
fine not to exceed Five-Thousand dollars ($5,000.00) and imprisoned
for a minimum term of thirty (30) days but not to exceed one (1) year,
or both.
History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 2. Abduction.
- Any
person who shall knowingly or purposely take away or detain another
person against his or her will shall be guilty of the offense of abduction.
- Any
person convicted of the charge of abduction shall be sentenced to
a fine not to exceed Five Thousand ($5,000.00) or imprisoned for a
term not to exceed one (1) year, or both.
History enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 3. Burglary.
- Any
person commits the offense of burglary if he or she knowingly enters
or remains unlawfully in an occupied structure with the purpose to
commit an offense.
- Any
person convicted of Burglary shall be fined an amount not to exceed
Five Thousand (5,000.00), or imprisoned for a term not to exceed one
(1) year, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 4. Criminal Endangerment.
- Any
person who knowingly or purposely engages in conduct that creates
a substantial risk of serious bodily injury.
- Any
person convicted of the offense of Criminal Endangerment shall be
sentenced to a fine not to exceed Three Thousand Dollars ($3,000.00)
or imprisoned for a term not to exceed nine (9) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 5. Domestic Abuse.
- Any
person commits the offense of domestic abuse if he or she:
- purposely
or knowingly causes bodily injury to a family member or household
member; or
- purposely
or knowingly causes apprehension of bodily injury to a family
member or household member.
- Whenever
a peace officer arrests an Indian for Domestic Abuse if the victim
is present, the officer shall advise the victim of the availability
of a shelter or other services in the community and give the victim
immediate notice of any legal rights and remedies available.
- Whenever
a law enforcement officer is called to the scene of a reported
incident of domestic violence, but he does not make an arrest,
he shall file a written report with his supervisor setting forth
the reason or reasons for this decision.
- An
arrest is the preferred response in domestic abuse cases which
involve:
-
injury to the victim, or
- the
use or threatened use of a weapon, or
- violation
of a restraining order, or
- imminent
danger to the victim;
-
injury to the victim, or
- purposely
or knowingly causes bodily injury to a family member or household
member; or
- Any
person convicted of a first or or second offense of domestic abuse
shall be fined an amount not to exceed One Thousand Dollars (1,000.00),
or imprisoned for a term not to exceed six (6) months. The defendant
is also required to complete a minimum of twenty (20) hours of counseling.
- Any
person convicted of a third or subsequent offense shall be fined an
amount not to exceed Five Thousand ($5,000.00), or imprisoned for
a term not to exceed one year (1), or both. The defendant is also
required to complete a minimum of forty (40) hours of counseling.
History: Enacted in 1987, amended in 3/25/96, Tribal Resolution (#139-96)
Section 6. Negligent Endangerment.
- Any
person who negligently engages in conduct that creates a substantial
risk of death or serious bodily injury.
- Any
person convicted of negligent endangerment shall be fined an amount
not to exceed One Thousand Dollars ($1,000.00), or imprisoned for
a term not to exceed nine (9) months, or both.
History: Enacted in 1967, amended in 3/25/96, Tribal Resolution (#139-96)
Section 7. Nonsupport.
- Any
person commits the offense of nonsupport if he or she fails to provide
support, within a reasonable amount of time, when able, and they know
he or she is legally obliged to provide, for a child under the age
of eighteen years (18).
- Any
person convicted of nonsupport shall be fined an amount not to exceed
Five Hundred Dollars ($500.00), or imprisoned for a term not to exceed
six (6) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 8. Stalking.
- Any
person commits the offense of nonsupport if he or she purposely or
knowingly causes another person substantial emotional distress or
reasonable apprehension of bodily injury or death by repeatedly;
-
following the stalked person; or
- following,
threatening, or intimidating the stalked person, in person or
by phone, by mail, or by other action, device, or method.
-
following the stalked person; or
- This
section does not apply to a constitutionally protected activity.
- For
the first offense, a person convicted of stalking shall be imprisoned
in the tribal jail for a term not to exceed six (6) months or fined
an amount not to exceed one thousand dollars ($1,000.00) or both.
For a second or subsequent offense or for a first offense against
a victim who was under the protection in the Blackfeet Tribal Jail
for a term not to exceed one (1) year or fined an amount not to exceed
five thousand dollars ($5,000.00), or both. A person convicted of
stalking may be sentenced to pay all medical, counseling, and other
costs incurred by or on behalf of the victim as a result of the offense.
- Upon
reasonable presentation of credible evidence of violation of this
Section, an order may be granted restraining a person from engaging
in the activity described in subsection (1).
History: Enacted 1993, amended 3/25/96, Tribal Resolution (#139-96)
Section 9. Sexual Intercourse Without Consent.
- Any
person who knowingly has sexual intercourse without consent with another
person commits the offense of sexual intercourse without content.
- Any
person convicted of sexual intercourse without consent shall be sentenced
to a fine not to exceed Five Thousand Dollars ($5,000.00) or imprisoned
for a term not to exceed one (1) year, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 10. Repealed Sections.
- Adultery
History
- Enacted is 1967 as Section 20; Repealed 1/10/85 (see Ordinance 71) - Attempted
Rape
History Enacted in 1967 as Section 34; Repealed on 1/10/85. (see Resolution 139-96)
- Bastardy
History - Enacted is 1967 as Section 39, Repealed on 3/25/1996,1995. (see Resolution 139-96)
- Battery
History - Enacted in 1967 Section 2, Repealed 3/25/1996 (see Resolution 139-96)
- Contributing
to the Delinquency of a Minor
History - Enacted in 1967 as Section 26 Repealed 1/10/1985.
- Failure
to Support Dependent Persons
History - Enacted in 1967 as Section 24 Repealed 1/10/1985.
- [Reserved]
- Failure
to Send Child to School
History - Enacted in 1967 as Section 25 Repealed 1/10/1985.
-
Illicit Co-Habatation
History - Enacted in 1967 as Section 21 Repealed 1/10/1985.
- Liquor
Affection Minors
History - Enacted In 1967 as Section 18, Repealed 3/25/1996 (see Resolution 139-96)
-
Prostitution
History - Enacted in 1967 as Section 21 Repealed in 3/25/96 (see Resolution 139-96)
- Slander
& Malicious Gossip
History - Enacted in 1967, Repealed 3/25/96 (see Resolution 139-96)
PART III
OFFENSES AGAINST PROPERTY
Section 1. Bad Check.
- Any
person who, for himself or herself, or as the agent or representative
of another, or as an officer of a corporation, willfully, with the
intent to defraud, shall make or draw or utter or deliver any check,
draft or order for the payment of money upon any bank or depository,
or person, or firm, or corporation, when making, drawing, uttering,
or delivering that the maker or drawer has no funds or insufficient
funds in or credit with such draft, or order in full upon its presentation,
although no express representation is made with reference thereto.
- Any
person convicted of the offense of Bad Check shall be sentenced to
a fine not to exceed One Thousand Dollars ($1,000.00), or imprisoned
for a term not to exceed six (6) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 2. Cruelty To Animals
- Any
person who shall without justification knowingly or negligently subject
an animal to mistreatment shall be deemed guilty of the offense of
cruelty to animals.
- Any
person convicted of cruelty to animals shall be sentenced to a fine
not to exceed Five Thousand Dollars ($5,000.00), or imprisoned for
a term not to exceed one (1) year, or both.
History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 3. Disorderly Conduct.
- Any
person who shall within the confines of the Blackfeet Reservation
engage in fighting in a public place, disturb or annoy any public
or religious assembly, or appear in a public or private place in an
intoxicated and disorderly condition, or who shall engage in any other
act of public immorality or other disorderly conduct, shall be deemed
guilty of an offense.
- Any
person convicted of Disorderly Conduct shall be fined an amount not
to exceed One Thousand Dollars ($1,000.00) or imprisoned for a term
not to exceed six (6) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 4. Fraud.
- Any
person who shall by purposely or knowingly make a misrepresentation
or by false interpretation, or by the use of false weights or measures,
obtain any money or other property, shall be deemed guilty of fraud.
- Any
person convicted of Fraud shall be fined an amount not to exceed one
Thousand Dollars ($1,000.00) or imprisoned for a term not to exceed
six (6) months, or both.
History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 5. Forgery.
- Any
person who shall defraud, falsely sign, execute, or alter a written
instrument, shall be
deemed guilty of forgery.
- Any
person convicted of Forgery shall be fined an amount not to exceed
One Thousand ($1,000.00), or imprisoned for a term not to exceed six
(6) months, or both.
History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
- Definitions.
"Approved Refuse Sites" as used in this section refer to
all solid waste or landfill site that meets all applicable regulations
of the United States Public Health Service and may be closed under
the authority of the Blackfeet Tribe if environmental hazards exist.
"Approved Containers" as used in this section refers to
a container that is adequate to hold garbage and refuse and must be
emptied regularly and be protected from animal depredations and wind
disposition.
- Illegal
dumping and littering. It shall be unlawful for any person to deposit,
dump or dispose of any refuse or garbage in any location on the Blackfeet
Reservation, unless approved refuse sites or containers are utilized.
Approved refuse sites and containers as defined above in subsection
(a) are to assure that all garbage is handled in a proper manner so
as not to disturb the health and safety of persons living on or passing
through the Blackfeet Reservation.
- Regulation
of dumping vehicles. Every commercial dumping vehicle or garbage truck
shall be fully enclosed so as not to permit garbage, paper or other
refuse to fall therefrom while either hauling in the vehicle. Any
other vehicle, not commercial, which hauls garbage, paper or other
refuse shall be under the regulations as set out in subsection (b)
above and the driver thereof shall be responsible to see that any
refuse or garbage falling from such vehicle is immediately picked
up and dumped in the proper place.
- Failure
to comply with any of the provisions of this section shall subject
the violator, upon conviction, to a fine of not less than $25.00 no
more than $500.00 or a jail sentence of not more than 25 days or both
the foregoing.
History: Enacted in 1967, as section 52 amended 3/25/96, Tribal Resolution (#139-96)
Section 7. Malicious Mischief.
- Any
person who shall knowingly or purposely damage, injure, or destroy,
any property of another, or public property without consent, shall
be deemed guilty of malicious mischief.
- Any
person convicted of Malicious Mischief shall be sentenced to a fine
not to exceed Five Thousand Dollars ($5,000.00), or imprisoned for
a term not to exceed one (1) year, or both.
- A person
convicted of malicious mischief must be ordered to pay restitution
in an amount and manner to be set by the court.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 8. Misbranding.
- Any
person who shall knowingly or purposely misbrand or alter any brand
or mark on any livestock of another person, shall be deemed guilty
of an offense.
- Any
person convicted of Misbranding shall be sentenced to a fine not to
exceed One Thousand Dollars ($1,000.00), imprisoned for a term not
to exceed six (6) months, or both.
History: Enacted 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 9. Open Container.
- No person
shall use, drink, or consume beer, wine or other intoxicating liquor,
while such person is on a public street, sides alley, or highway,
or in any public park, provided; however, that any beer, wine or intoxicating
liquor purchased at any place on the reservation from a person selling
the same lawfully, in accordance with a special license therefore,
may be consumed at such place.
- Any
person convicted of open container shall be fined an amount not to
exceed Five Hundred Dollars ($500.00), or imprisoned for a term not
to exceed six (6) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 10. Theft.
- Any
person commits the offense of theft when the person purposely or knowing
obtains or exerts unauthorized control over property of the owner
and:
-
Has the purpose of depriving the owner of the property;
-
Purposely or knowingly uses, conceals, or abandons the property
in a manner that deprives the owner of the property; or
-
Uses, conceals, or abandons the property knowing that the use,
concealment, or abandonment probably will deprive the owner of
the property.
-
Has the purpose of depriving the owner of the property;
- A person
commits the offense of theft when the person purposely or knowingly
obtains by threat or deception control over property of the owner;
- A person
convicted of theft where the value of the property does not exceed
Five Hundred ($500.00) Dollars shall be fined an amount not to exceed
Five Hundred ($500.00) Dollars or six (6) months in jail, or both.
If property value is Five Hundred ($500.00 ) Dollars or more, said person shall be fined Five Thousand ($5,000.00) Dollars or one (1) year in jail, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 11. Trespass.
- Any
person who shall go upon or pass over lands or enter a dwelling or
enclosed structure without permission to do so, of the rightful owner,
and shall refuse to go immediately therefrom on the request of the
owner or occupant thereof, or who shall knowingly or purposely allow
livestock to occupy or graze on the cultivated or enclosed lands,
shall be deemed guilty of an offense.
- Any
person convicted of Trespass shall be fined an amount not to exceed
Five Hundred Dollars ($500.00), or imprisoned for a term not to exceed
Six (6) months, or both.
History: Enacted in 1967, amended 3/25/96 Tribal Resolution (#139-96)
Section 12. Slaughtering Livestock.
- Any
person who shall slaughter livestock for sale of use shall be required
upon demand to produce hide to cover said carcass or give satisfactory
proof as to where the meat was obtained.
- Any
person convicted shall be sentenced to a fine not to exceed One Thousand
Dollars ($1,000.00) or to be imprisoned for a term not to exceed six
(6) months, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
PART IV
OFFENSES AGAINST ADMINISTRATION AND ORDER
Section 1. Accountability.
- Any
person is responsible for conduct of another when either before or
during the commission of an offense with the purpose to promote or
facilitate such commission, he solicits, aids, abets, agrees, or attempts
to aid such other person in the planning or commission of the offense.
- Any
person convicted of the offense shall be sentenced to a fine not to
exceed Five Thousand Dollars ($5,000.00) or imprisoned for a term
not to exceed one (1) year, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 2. Bribery.
- Any
person who shall give or offer to give any money, property or services
or anything else of value to another person with corrupt intent to
influence another in the discharge of his public duties or conduct,
and anyone who shall accept, solicit or attempt to solicit any bribe,
as above-defined, shall be deemed guilty of an offense.
- Any
person convicted of the offense of bribery shall be fined an amount
not to exceed Five Thousand Dollars ($5,000.00), or imprisoned for
a term not exceed one (1) year, or both.
- A member
of the Blackfeet Tribal Business Council convicted of bribery shall
be subject to expulsion from the Business Council, as in Article V.
Section 2, of the Constitution of the Blackfeet Tribe. Any other Tribal
officer convicted of bribery shall be deprived of his office by the
order of the Court.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 3. Carrying a Concealed Weapon.
- Any
person who shall go about in public places armed with a dangerous
weapon concealed upon his or her person, unless he shall have a permit
approved by the Law and Order Commission, shall be deemed guilty of
the offense of carrying a concealed weapon.
- Any
person convicted of carrying a concealed weapon shall be sentenced
to a fine not to exceed One Thousand Dollars ($1,000.00), or imprisoned
for a term not to exceed six (6) months, or both.
History: Enacted in 1967, amended 3/25/96. Tribal Resolution (#139-96)
Section 4. Contempt.
- A person
commits the offense of criminal contempt when he or she knowingly
engages in any of the following conduct:
-
disorderly, contemptuous or insolent behavior committed during
the sitting of a court in its immediate view and presence and
directly tending to interrupt proceedings and to impair the respect
due its authority;
-
breach of peace, noise or other disturbance directly intending
to interrupt a court's proceedings;
-
purposely disobeying or refusing any lawful process or other mandate
of a court;
-
refusing to answer any legal and proper interrogation;
-
purposely failing to obey any mandate, process or notice relative
to a jury subpoena.
-
disorderly, contemptuous or insolent behavior committed during
the sitting of a court in its immediate view and presence and
directly tending to interrupt proceedings and to impair the respect
due its authority;
- A person
convicted of such an offense shall be fined not to exceed Five Hundred
Dollars ($500.00) or be imprisoned for a term not to exceed six (6)
months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 5. Disobedience to a Lawful Order of the Court.
- Any
person who shall willfully disobey any order, subpoena, warrant, or
command duly issued, made or given by the Tribal Court, of the Blackfeet
Reservation or any officer thereof, shall be deemed guilty of an offense.
- Any
person convicted of the offense of Disobedience to a Lawful Order
shall be fined an amount not to exceed Five Hundred Dollars ($500.00),
or imprisoned for a term not to exceed Six (6) months, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 6. Embezzlement.
- Any
person who shall, having lawful custody of property not his own, appropriate
the same to his or her own use with intent to deprive the owner thereof,
shall be deemed guilty of embezzlement.
- Any
person convicted of the offense of Embezzlement shall be fined an
amount not to exceed
Three Thousand ($3,000.00) or imprisoned for a term not to exceed nine (9) months, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 7. Escape.
- Any
person who being in lawful custody for any offense; shall escape or
attempt to escape or who shall permit or assist another person to
escape from lawful custody, shall be deemed guilty of an offense.
- Any
person convicted of the offense of Escape shall be sentenced to a
fine not to exceed Three Thousand Dollars ($3,000.00) or imprisoned
for a term not to exceed one (1) year, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 8. Extortion.
- Any
person who shall knowingly or purposely make false charges against
another person or by any other means whatsoever, extort or attempt
to extort any monies, goods, property, or anything else of any value,
shall be deemed guilty of extortion.
- Any
person convicted of extortion shall be sentenced to a fine not to
exceed Five Thousand Dollars ($5,000.00), or imprisoned for a term
not to exceed one (1) year or both.
History: Enacted in 1967, amended 3/25/96,Tribal Resolution (#139-96)
Section 9. Maintaining a Public Nuisance.
- Any
person commits the offense of maintaining a public nuisance if he
knowingly creates, conducts or maintains a public nuisance.
- Public
nuisance is defined as a condition which endangers safety or health,
or is offensive to the senses, or obstructs the free use of property.
- Any
person convicted of the offense of Maintaining a Public Nuisance shall
be sentenced to a fine not to exceed One Thousand Dollars ($1,000.00),
or imprisoned for a term not to exceed six (6) months, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 10. Perjury.
- Any
person commits the offense of perjury if upon oath he or she knowingly
or purposely makes a false statement, when the statement is material
and he or she does not believe it to be true.
- An
person convicted of Perjury shall be sentenced to a fine not to exceed
Five Hundred ($500.00) dollars or imprisoned for a term not to exceed
ninety (90) days, or both.
History: Enacted in 1967, amended 3/25/96 Tribal Resolution (# 139-96)
Section 11. Refusing to Aid an Officer.
- Any
person who shall fail to cooperate where it is reasonable for the
police officer enlist the cooperation, to assist in the arrest of
any person charged with or convicted of any offense or in securing
such offender when apprehended, or in conveying such offender to the
nearest place of confinement shall be deemed guilty of an offense.
- Any
person convicted of Refusing to Aid an Officer shall be fined an amount
not to exceed Five Hundred Dollars ($500.00), or imprisoned for a
term not to exceed six (6) months, or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 12. Obstructing Justice.
- Any
person commits the offense of obstructing if, knowing a person is
an offender, he or she purposely:
-
harbors or conceals an offender,
-
warns an offender of impending discovery or apprehension;
-
provides an offender with money, transportation, weapon, disguise,
or other means of avoiding discovery or apprehension;
-
prevents or obstructs by means of force, deception or intimidation
anyone from performing an act that might aid in the discovery
or apprehension of an offender;
-
suppresses by act of concealment, alteration, or destruction any
physical evidence that might aid in the discovery or apprehension
of an offender.
-
harbors or conceals an offender,
- Any
person convicted of the offense of Obstructing Justice shall be fined
an amount not to exceed One Thousand Dollars ($1,000.00), or imprisoned
for a term not to exceed nine (9) months, or both.
History: Enacted 3/25/96, Tribal Resolution (#139-96)
Section 13. Resisting Arrest.
- Any
person commits the offense of resisting arrest if he or she knowingly
prevents or attempts to prevent a peace officer from effecting an
arrest by:
-
Using or threatening to use physical force or violence against
the peace officer or another;
-
Using any other means which creates a risk of causing physical
injury to the peace officer or another.
-
Using or threatening to use physical force or violence against
the peace officer or another;
- It
is no defense to a prosecution under this section that the arrest
was unlawful, provided the peace officer was acting under color of
his official authority.
- An
person convicted of the offense of Resisting Arrest shall be fined
not to exceed Five Hundred Dollars ($500.00) or be imprisoned for
a term not to exceed six (6) months, or both.
History: Enacted in 1967 amended 3/25/96, Tribal Resolution (#139-96)
Section 14. Threatening a Public Official.
- Any
person commits the offense of obstructing a peace officer or public
servant if he knowingly obstructs, impairs, or hinders the enforcement
of the law, the preservation of the peace, or the performance of a
governmental function.
- It
is no defense to a prosecution under this section that the peace officer
was acting in an illegal manner, provided he was acting under color
of his official authority.
- Any
person convicted of the offense of threatening a peace officer or
other public servant shall be fined not to exceed One Thousand Dollars
($1,000.00) or be imprisoned for a term not to exceed nine (9) months,
or both.
History: Enacted in 1967, amended 3/25/96, Tribal Resolution (#139-96)
Section 15. Repealed Sections.
- Aiding
and Abetting Criminal Behavior
History - Enacted 1/15/86, Repealed 3/25/1996
- Default
History - Enacted in 1967, Repealed 3/25/1996
- Disturbing
the Peace
History - Enacted in 1967, Repealed 3/25/1996
- False
Arrest
History - Enacted in 1967, Repealed 3/25/1996
- Indecent
Exposure
History - Enacted in 1967, Repealed 3/25/1996
- Public
Intoxication
History - Enacted 1/15/86, Repealed 3/25/1996
- Criminal
Contempt
History - Enacted in as Chapter 5, Section 40, Repealed 5/16/85
- Receiving
Stolen Property
History - Enacted in 1967, Repealed 3/15/1996
- Violation
of an Approved Ordinance
History - Enacted in 1967, Repealed 3/25/1996
