Cheyenne-Arapaho Tribes of Oklahoma [Law and Order Code]

[TITLE II - LAW AND ORDER CODE - SUBPART D] - CRIMINAL OFFENSES

 

Section 1. Short Title

This Title may be cited as the Tribal Criminal Code.

Section 2. Application

(a) This Title shall apply to all Indian persons violating its provisions within the territorial jurisdiction of the Tribes, provided, that the provisions of Chapter Four of this Title shall apply to all members of the Tribes and all Indian residents of the jurisdiction of the Tribes where ever such violation may occur, if such violation has any actual or intended effect upon the political integrity or political or economic security of the Tribes.

(b) This Title shall apply to non-Indians to the extent not inconsistent with federal law and to the extent that any person found to have violated any provision of this Title may be banished from the jurisdiction of the Tribes for a period of not more than ten years, or for such longer term as may be imposed by the Section violated, in a civil proceeding brought by the Tribal Prosecutor. The non-Indian, in such cases, shall have all the procedural rights of a criminal defendant, and such cases shall be tried by the rules of criminal procedure.

CHAPTER ONE - CRIMES AGAINST PROPERTY

Section 101. Arson in The First Degree

(a) It shall be unlawful to knowingly and willfully start a fire or cause an explosion with the purpose of:

(1) Destroying or damaging any building, dwelling, occupied structure or other property of another exceeding One Thousand Dollars ($1,000.00) in value; or

(2) Destroying or damaging any property, by whoever owned, to collect insurance for such loss.

(b) Arson in the First degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00); or by imprisonment in the Tribal jail for a term of not less than three months nor more than one year; or by banishment for a period of not less than five nor more than ten years; or any combination of the above sentences.

(c) Should the commission of the offense result in the death of or serious bodily injury to any person, a sentence of banishment may be imposed for any period not exceeding life in addition to the punishment authorized above.

Section 102. Arson In The Second Degree

(a) It shall be unlawful to knowingly or recklessly, carelessly, or negligently, without regard to the consequences start a fire or cause an explosion which:

(1) Endangers human or safety life, or

(2) Damages or destroys the property of another,

(b) Arson in the Second degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

Section 103. Arson In The Third Degree

(a) It shall be unlawful after having started any fire, even though started safely for a lawful purpose, to fail to either:

(1) Take reasonable measures to put out or control the fire, or;

(2) To give prompt alarm, if the fire is spreading in such manner that it may endanger the life or property of another.

(b) Arson in the third degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.

Section 104. Criminal Mischief

(a) It shall be unlawful to willfully and knowingly:

(1) Damage or destroy any property with the intent to defraud and insurer, or;

(2) Tamper with the property of another so as to recklessly endanger the safety of another, or recklessly cause any damage to any property or utility service, or;

(3) Damage, destroy, maim, or deface any domestic animal property of another, or;

(4) Purposely or recklessly shoot or propel a missile or other object upon or against a motor vehicle, airplanes, boat, locomotive or train.

(b) Criminal mischief shall be punishable by a fine of not more than Three Hundred Dollars ($300.00), or by imprisonment in the Tribal jail for not more than three months, or both.

Section 105-109. Reserved

Section 110. Burglary

(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle, trailer, or semitrailer, mobile home, or any similar enclosed structure of another without consent with the intent to steal or commit any offense punishable by imprisonment.

(b) Burglary shall be punishable by a fine of not less than Two Hundred and Fifty Dollars ($250.00); or, by imprisonment in the Tribal jail for not less than three months nor more than one year; or, by banishment for a period of not less than five years nor more than ten years; or by any combination of the above sentences.

(c) Should the commission of the offense result in the death of or serious bodily injury to any person, a sentence of banishment may be imposed for any period not exceeding life in addition to the punishment authorized above.

Section 111. Breaking And Entering

(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle trailer or semitrailer, mobile home, trunk, drawer, box, coin operated machine, or similar structure, object, or device of another without consent with the intent to:

(1) Cause annoyance or injury to any person therein, or;

(2) Cause damage to any property therein, or;

(3) Commit any offense therein, or

(4) Steal, or

(5) Cause, or does actually cause, whether intentionally or recklessly, fear for the safety of another.

(b) Breaking and Entering shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.

Section 112. Criminal Trespass

(a) It shall be unlawful to enter onto, or remain upon the property of another if notice against entry or notice to leave the property had been given by:

(1) Personal communication by the owner or someone having authority to act for the owner, or

(2) Fencing, other than barbed wire or similar field fences except as hereafter provided, or other enclosure obviously designed to exclude intruders, or

(3) Posting of signs prohibiting entry reasonable designed to come to the attention of intruders.

(b) Criminal Trespass shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.

(c) It is a complete affirmative defense to the offense of criminal trespass that:

(1) The property was open to the public upon entry and upon being ordered to leave the person did so without undue delay, or

(2) Even though not open to the public, the person did not substantially interfere with the use of the property or damage of any property, and upon being ordered to leave the person did so without undue delay.

(d) On rural lands fenced with barbed wire or other types of fencing normally meant to enclose or exclude domestic animals, signs prohibiting entry or use at least six inches by eight inches placed upon or in plain sight next to such fence not more that one hundred fifty feet apart shall create a rebuttable presumption that reasonable notice against entry or entry for certain purposes had been given.

Section 113-119. Reserved

Section 120. Larceny

(a) It shall be unlawful to take or carry away any tangible or intangible personal property by fraud or stealth with the intent to deprive the owners thereof.

(b) Larceny shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property taken exceeds One Thousand Dollars, ($1,000.00) a sentence of banishment for a period of not exceeding ten years may be imprisoned in addition to the punishment authorized above.

Section 121. Extortion

(a) It shall be unlawful to take, receive, or control the use or disposition of property of another with the intent to deprive his of the possession or use thereof by threatening to:

(1) Cause bodily harm to any person, or

(2) Commit any offense, or

(3) Unlawfully injure or destroy any property, or

(4) Expose any personal information or secret not public knowledge tending to expose any person to hatred, contempt, or ridicule, or to impair his business or reputation, except by institution of legal proceedings to recover the debt demanded or proper reports to bonafide credit agencies, or;

(5) Unlawfully take or withhold official action.

(b) Extortion shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property extorted exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 122. False Pretenses

(a) It shall be unlawful to obtain, take, or receive any property of another by means of a trick or deception, or false or fraudulent representation, statement, or pretense with the intent to deprive the owner thereof.

(b) False Pretenses shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property gained by False Pretenses exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 123. Embezzlement

(a) It shall be unlawful to wrongfully or fraudulently appropriate for a person's own use or the use of another any property of another with which the person has been entrusted.

(b) Embezzlement shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property embezzled exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 124. Receiving Stolen Property

(a) It shall be unlawful to possess, receive, buy, or conceal any personal property that has been stolen or otherwise obtained from its true owner in violation of this Title with the intent to deprive the true owner thereof.

(b) Receiving stolen property shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00). or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 125. Theft Of Property Lost, Mislaid Or Delivered By Mistake

(a) It shall be unlawful to fail to take reasonable measures to restore property to a person entitled thereto, with the intent to deprive the owner thereof, when it is known or reasonable suspected that the property has been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient.

(b) Theft of property lost, mislaid, or delivered by mistake shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 126. Theft Of Services

(a) It shall be unlawful to obtain services known to be available only for compensation by deception, threat, force or any other means with the intent to avoid due payment therefore,

(b) Theft of services shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the value of the service rendered exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.

Section 127. Unauthorized Use Of A Vehicle

(a) It shall be unlawful to take, drive, or operate another's motor vehicle, motorcycle, bicycle, or wheeled conveyance without the consent of the owner, with the intent to temporarily deprive the owner of its use or possession.

(b) Unauthorized use of a vehicle shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

(c) If the vehicle sustains damages while in the custody, possession, or under the control of the person violating this section, the violator shall be required to make double restitution of the amount of the actual damage to the vehicle.

Sections 129-135. Reserved

Section 136. Forgery

(a) It shall be unlawful to alter any writing of another without his authority, or to make, complete, execute, authenticate, issue or transfer any writing so that it purports to be the act of another who did not authorized that act, with the intent to defraud or injure anyone.

(b) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, money, and other symbols of value, right, privilege, or identification.

(c) Forgery shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by a sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second or subsequent conviction for forgery, a sentence of banishment for a period not less that five years nor exceeding ten years may be imposed in addition to the punishment authorized above.

Section 137. Criminal Simulation

(a) It shill be unlawful to make, alter or utter or attempt to circulate or sell as genuine any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess, with intent to defraud anyone.

(b) Criminal simulation shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

Section 138. Fraudulent Handling Of Recordable Instruments

(a) It shall be unlawful to destroy, remove or conceal any will, deed, mortgage, security instrument, Tribal resolution, any Tribal record, for which the law provides public recording, or to knowingly record a false or forged instrument, with the intent to deceive or injure anyone, or to conceal wrong doing.

(b) Fraudulent handling of recordable instruments shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second conviction for fraudulent handling of recordable instruments, a sentence of banishment for a period not less than five years nor exceeding ten years may be imposed in addition to the punishment authorized above.

Section 139. Tampering With Records

(a) It shall be unlawful to falsify, destroy, remove, or conceal any writing or record, with the intent to deceive or injure anyone or to conceal any wrong doing.

(b) Tampering with records shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by both fine and imprisonment, or by a sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second conviction for tampering with records, a sentence of banishment for a period not less than five years nor exceeding ten years may be imposed in addition to the punishment authorized above.

Section 140. Bad Checks

(a) It shall be unlawful to issue or pass a cheek or similar sight order for the payment of money, for the purpose of obtaining any money, property, or other thing of value or paying for any services, rent, wages or salary, knowing or believing that it will not be honored by the drawee.

(b) Bad cheeks shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. Restitution shall be required.

Section 141. Fraudulent Use Of A Credit Card

(a) It shall be unlawful to use a credit card for the purpose of obtaining property or services with knowledge that:

(1) The card was stolen: or

(2) The card has been revoked or canceled; or

(3) For any other reason his use of the credit card is unauthorized by either the issuer or the person to whom the card has been issued.

(b) Fraudulent use of a credit card shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. Restitution shall be required.

Sections 142-146. Reserved

Section 147. Deceptive Business Practices

(a) It shall be unlawful to, in the course of business, intentionally:

(1) Use or possess for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or

(2) Sell, offer, or expose for sale, or deliver less than the represented quality or quantity of any commodity or service; or

(3) Take or attempt to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(4) Sell, offer or expose for sale adulterated or mislabeled commodities:

(i) "adulterated" means varying from the standard of composition or quality prescribed by law or commercial usage; or

(ii) "mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by law or commercial usage; or

(5) Make a substantial false or misleading statement in any advertisement addressed to the public or a substantial segment thereof for the purpose of promoting the purchase or sale of property or services; or

(6) Make a false or misleading written statement for the purpose of obtaining property or credit; or

(7) Make a false or misleading written statement for the purpose of promoting the sales of securities, or omit information required by law to be disclosed in written documents relating to securities.

(b) Deceptive business practice shall be punishable by a fine not exceeding Five Thousand Fifty Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both

(c) It is an affirmative defense to deceptive business practice that the defendant's conduct was not knowingly or recklessly deceptive.

(d) Upon a second or subsequent offense, banishment for a period of not more than ten years may be imposed in addition to the punishment authorized above.

Section 148. Defrauding Creditors

(a) It shall be unlawful to:

(1) Destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with the intent to hinder enforcement of that interest; or

(2) Deal with property with the intent to defeat or obstruct the operation of any law relating to administration of property for the benefit of creditors; or knowingly falsify any writing or record relating to the property; or knowingly misrepresent or refuse to disclose to a person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

(b) Defrauding creditors shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.

Section 149. Securing Execution Of Documents By Deception

(a) It shall be unlawful to intentionally, and by deception, cause another to execute any instrument affecting or likely to affect the pecuniary interest of any person.

(b) Securing execution of documents by deception shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.

Section 150. Criminal Usury

(a) It shall be unlawful to intentionally provide financing or make loans at a rate of interest higher that the following:

(1) If the amount to which the interest applies is less than One Hundred Dollars ($100.00) or the period of the loan or financing is less than one year, or both, the rate of interest shall not exceed a 24% per annum simple interest rate.

(2) If the amount to which the interest applies is greater than One Hundred Dollars or the period of the loan or financing is greater than one year, or both, the rate of interest shall not exceed an 18% per annum simple interest rate.

(b) Criminal usury shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both. The victim shall be entitled to restitution for double the actual amount of interest which was actually paid and cancellation of all interest owing for the term of the financing.

Section 151. Unlawful Dealing With Property By A Fiduciary

(a) It shall be unlawful to knowingly deal with property that has been entrusted to one in a fiduciary capacity, or property of the Tribal government or of a financial institution, in a manner which is known to be a violation of his fiduciary duty, or which involves a substantial risk or loss to the owner or to a person for whose benefit the property was entrusted.

(b) As used in this section, "fiduciary" includes a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(c) Unlawful dealing with property by a fiduciary shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.

Section 152. Making A False Credit Report

(a) It shall be unlawful to knowingly make a materially false or misleading statement to obtain property or credit for oneself or another or to keep some other person from obtaining credit.

(b) Making a false credit report shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.

CHAPTER 2 - CRIMES AGAINST PERSONS

Section 201. Assault In The First Degree

(a) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly under circumstances manifesting indifference to the value of human life, to:

(1) Attempt to cause or cause serious bodily injury to another; or

(2) To use a deadly weapon with the intent to cause serious bodily injury, or with the intent to put in fear of imminent serious bodily injury with the apparent ability to do so.

(b) Assault in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or banishment for a term of not less than one year nor more than ten years or any combination of the above punishments.

Section 202. Assault In The Second Degree

(a) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly:

(1) Attempt to cause or cause bodily injury to another; or

(2) Negligently cause bodily injury to another with a weapon; or

(3) Attempt by a show of force or violence to put another in fear of imminent bodily injury with the apparent ability to do so; or

(4) Recklessly endanger another by an act or omission to act which threatens to cause serious bodily injury to another, whether or not such harm actually occurs.

(b) Assault in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 203. Mayhem

(a) It shall be unlawful to wrongfully, purposely, or knowingly deprive a human being of a member of his body or render it useless, or to cut out or disable the tongue, put out an eye or eyes, or slit the nose, ear or lip of another.

(b) Mayhem shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or banishment for a term of not less than one year nor more than life or any combination of the above punishments.

Section 204. Verbal Or Written Assault

(a) It shall be unlawful to threaten verbally or in writing to commit any offense involving violence with apparent ability to do so:

(1) With intent to terrorize another or place such other in fear of imminent serious bodily injury or

(2) To cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience.

(b) Verbal or written assault shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 205-210. Reserved

Section 211. Homicide in the First Degree

(a) It shall be unlawful to:

(1) Purposely, knowingly and wrongfully with the malice aforethought cause the death of another human being , or

(2) Cause the death of another human being due to the commission or attempted commission of a felony or offense punishable by banishment.

(b) Homicide in the first degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than ten years nor more than life; or any combination of the above.

Section 212. Homicide In The Second Degree

(a) It shall be unlawful to:

(1) Recklessly or negligently with disregard of the possible consequence of ones conduct to cause the death of another human being; or

(2) Cause the death of another human being by operating a motor vehicle in a reckless, negligent, or careless manner, or while under the influence of an alcoholic beverage, intoxicating liquor, a controlled substance, or any drug, to a degree which renders the person incapable of safely driving a vehicle.

(i) a blood alcohol content in excess of .10 shall create a rebuttable presumption that the person was under the influence of an alcoholic beverage.

(ii) for purposes of this section, a motor vehicle is any self- propelled vehicle and includes, but is not limited to, any automobile, truck, van, motorcycle, train, engine, watercraft, aircraft or snowmobile.

(3) Cause the death of a human being due to the commission of any criminal offense.

(b) Homicide in the second degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00), or by term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than one year nor more than twenty years; or any combination of the above.

Section 213. Causing A Suicide

(a) It shall be unlawful to intentionally cause a suicide by force, duress, or deception.

(b) Causing a suicide shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or by banishment for a period of not less than one year nor more than twenty years or any combination of the above.

Section 214. Aiding Or Soliciting A Suicide

(a) It shall be unlawful to intentionally aid or solicit another to attempt or commit suicide.

(b) Punishment

(1) Aiding or soliciting a suicide shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both, if the defendant's conduct has actually cause,d or contributed substantially to a suicide, or attempted suicide:

(2) Otherwise, aiding or soliciting a suicide is punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Sections 215-220. Reserved

Section 221. Kidnapping

(a) It shall be unlawful to intentionally and wrongfully remove another from his place of residence, business, or from the vicinity where he is found, or to unlawfully confine or conceal another for a substantial period, with any of the following purposes:

(1) To hold for ransom or reward, or as a shield or hostage; or

(2) To facilitate commission of any offense or flight thereafter; or

(3) To inflict bodily injury on or to terrorize the victim or another; or

(4) To interfere with the performance of any Tribal governmental or political function.

(b) A removal, restraint, or confinement is wrongful within the meaning of this Code if it is accomplished by force, threat or deception, or, in the case of a person under the age of fourteen or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

(c) Kidnapping shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than five years nor more than ten years if the kidnapping resulted in bodily injury; or by banishment for a period not less than five years nor more than life in the case of a second or subsequent conviction for kidnapping or if death resulted; or any combination of the above.

Section 222. False Imprisonment

(a) It shall be unlawful to knowingly and wrongfully restrain or imprison another so as to interfere with his liberty.

(b) False imprisonment shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). or by a term of imprisonment in the Tribal jail not to exceed three months, or both, unless the detention occurs under circumstances which expose the victim to a risk of serious bodily injury, in which case the offense shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 223. Custodial Interference

(a) It shall be unlawful to wrongfully:

(1) Take, entice, conceal, or detain a child under the age of sixteen from his parent, guardian or other lawful custodian, knowing he has no legal right to do so, and

(i) with the intent to hold the child for period substantially longer that any visitation or custody period previously awarded by a court of competent jurisdiction; or

(ii) with the intent to deprive another person of their lawful visitation or custody rights; or

(2) Intentionally take, entice or detain an incompetent or other person who has been committed by authority of law to the custody of another person or institution from the other person or institution, without good cause and with knowledge that there is no legal right to do so.

(b) Custodial interference shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00) or by a term of imprisonment in the Tribal jail not to exceed three months or both.

Section 224. Criminal Coercion

(a) It shall be unlawful to intentionally and wrongfully restrict another's freedom of action to his detriment, by threatening to:

(1) Commit any criminal offense; or

(2) Accuse anyone wrongfully of a criminal offense; or

(3) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business reputation; or

(4) Unlawfully take or withhold action as an official, or cause an official to take or withhold action.

(b) It is an affirmative defense to prosecution based on this section, except for subsection (1) above, that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other in a lawful manner to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure, or proposed official action; for example, as by refraining from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.

(c) Criminal coercion shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a tern of imprisonment in the Tribal jail not to exceed one year, or both.

Section 225-230. Reserved

Section 331. Rape in the First Degree

(a) It shall be unlawful to intentionally and wrongfully:

(1) Compel another to submit to sexual intercourse by force or by the threat of imminent death, serious bodily injury, extreme pain, or kidnapping to be inflicted on that person or anyone else; or

(2) Engage in sexual intercourse with a person under the age of fourteen, regardless of consent.

(b) Rape in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than five years nor more than life; or any combination of the above.

Section 232. Rape In The Second Degree

(a) It shall be unlawful to intentionally and wrongfully:

(1) Compel another to submit to sexual intercourse by any threat that would prevent resistance by a person of ordinary resolution; or

(2) Engage in sexual intercourse with another whose power to appraise or control their conduct has been substantially impaired by the administration or employment of drugs or other intoxicants, without their knowledge, and for the purpose of preventing resistance; or

(3) Engage in sexual intercourse with a person with the knowledge that the person suffers from a mental disease or defect which renders that person incapable of appraising the nature of their conduct; or

(4) Engage in sexual intercourse with a person who is unconscious or with a person who is unaware, or with a person who submits because they falsely suppose that the person is their spouse; or

(5) Engage in sexual intercourse with a person under the age of sixteen but over the age of fourteen, regardless of consent, the perpetrator being at least four years older than the victim.

(b) Rape in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than one year nor more than five years; or any combination of the above.

Section 233. Deviate Sexual Intercourse

(a) It shall be unlawful to engage in deviate sexual intercourse, defined as sexual intercourse per Os or per anum between human beings who are not husband and wife, or any form of sexual intercourse with an animal, and it shall be unlawful to cause another to engage in deviate sexual intercourse if:

(1) That person is compelled to participate by any threat that would prevent resistance by a person of ordinary resolution; or

(2) That person is compelled to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or

(3) The other person's power to appraise or control his conduct has been substantially Impaired by the administration or employment of drugs or other intoxicants, without his knowledge, and for the purpose of preventing resistance; or

(4) The offender has knowledge that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of this conduct or the offender has knowledge that the other person is unconscious or submits because he is unaware that a sexual act is being committed upon him; or

(b) Deviate sexual intercourse shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a tern of imprisonment in the Tribal jail not to exceed one year, or both.

Section 234. Sexual Assault

(a) It shall be unlawful to intentionally, wrongfully, and without consent subject another, not his/her spouse, to any sexual contact:

(1) With knowledge that the conduct is offensive to the other person; or

(2) With knowledge that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct; or

(3) With knowledge that the other person is unaware that a sexual act is being committed; or

(4) After having substantially impaired the other person's power to appraise or control his conduct by administering or employing without the other's knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or

(5) If that person is less than fourteen years old regardless of consent; or

(6) If that person is less than sixteen years old and the actor is at least four years older than the person regardless of consent; or

(7) If that person is less than twenty-one years old and the actor is his parent, guardian or otherwise responsible for general supervision of his welfare regardless of consent; or

(8) If that person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him regardless of consent.

(b) Sexual contact is any touching of the sexual or other intimate parts of the person of another or otherwise taking indecent liberties with another for the purpose of arousing or gratifying sexual desire of either party.

(c) Sexual assault shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 235-240. Reserved

Section 241. Robbery

(a) It shall be unlawful to take anything of value from the person of another or from the immediate control of another by use of force or violence, with the intent to permanently deprive the owner thereof.

(b) Robbery shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or, when any person is seriously injured as a result of a violation of this section, banishment for a period not less than one year nor more than five years may be imposed.

CHAPTER THREE - INCHOATE CRIMES

Section 301. Attempt

(a) It shall be unlawful to engage in conduct within the Tribal jurisdiction constituting a substantial step toward commission of any offense under Tribal, Federal, or State laws applicable to the jurisdiction in which any part of the offense was to be completed with the kind of culpability otherwise required for the commission of the offense.

(b) Anywhere constituting a substantial step toward the commission of any Tribal or Federal offenses within the Tribal jurisdiction while acting with the kind of culpability otherwise required for the commission of the offense.

(c) Attempts shall be punishable by the same penalties as the completed crime.

Section 302. Criminal Conspiracy

(a) It shall be unlawful to agree within the Tribal jurisdiction with one or more persons to engage in or cause the performance of conduct with the intent to commit any offense punishable by Tribal, Federal, or State laws applicable to the jurisdiction in which the conduct is agreed to be performed, and any one person commits an overt act in pursuance of the conspiracy.

(b) Anywhere with one or more persons to engage or cause the performance of conduct with the intent to commit any Tribal or Federal offense within the Tribal jurisdiction and anyone person commits an overt act in pursuance of the conspiracy.

(c) Conspiracy to commit an offense carries the same possible punishment as the completed offense.

Section 303. Solicitation

(a) It shall be unlawful within the Tribal jurisdiction to entice, advise, incite, order, or otherwise encourage another to commit any offense, with the intent that such other person commit an offense punishable under the laws of the jurisdiction where the conduct was to be performed.

(b) In any place, entice, advise, incite, order, or otherwise encourage another to commit any offense, with the intent that such other person commit an offense punishable by Tribal, Federal, or State laws within the Tribal jurisdiction.

(c) Solicitation shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed two months, or both.

CHAPTER FOUR - CRIMES AGAINST PUBLIC JUSTICE

Section 401. Bribery

(a) It shall be unlawful to ask for, give, or accept any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, given with a wrongful or corrupt intent to influence unlawfully the person to whom it is given.

(b) Bribery shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year, or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years nor more than life.

Section 402. Improper Influence In Official Matters

(a) It shall be unlawful to:

(1) Threaten unlawful harm to any person with intent to influence another's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official, or voter; or

(2) Threaten harm to any public servant or relative of a public servant with the intent to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial, legislative, or administrative, or administrative proceeding; or

(3) Threaten harm to any public servant or official or relative of either with the intent to influence him to violate his duty; or

(4) Privately address any public servant who has or will have an official discretion in a judicial or administrative proceeding and making thereby any representation, entreaty, argument, or, other communication designed to influence the outcome on the basis of considerations other than those authorized by law.

(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(c) Improper influence in official matters shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed six months; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 403. Retaliation For Past Official Action

(a) It shall be unlawful; to harm any person by any unlawful act in retaliation for anything lawfully done by another person in his capacity as a public servant.

(b) Retaliation for past official action shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 404. Improper Gifts To Public Servants

(a) It shall be unlawful to knowingly confer or offer or agree to confer any benefit to a public servant with the intent to induce an exercise of their discretion in an unlawful manner, or to undermine official impartiality.

(b) This section shall not apply to:

(1) Fees prescribed by law to be received by public servant, or any benefit for which the recipient gives lawful consideration or to which he is otherwise entitled; or

(2) Gifts or other benefits conferred on account of kinship, traditional ceremonies, or other personal, professional or business relationship independent of the official status of the receiver; or

(3) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

(c) Improper gifts to public servants shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed six months; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 405. Unofficial Misconduct

(a) It shall be unlawful to exercise or attempt to exercise any of the functions of a public office when one has not been elected or appointed to office.

(b) Unofficial misconduct shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 406. Oppression In Office

(a) It shall be unlawful when acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, with knowledge that such conduct is illegal, to:

(1) Subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement or personal or property rights; or;

(2) Deny or impede another in the exercise or enjoyment of any right, power, or immunity.

(b) Oppression in office shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years nor more than life.

Section 407. Misusing Public Money

(a) It shall be unlawful for a person charged with the receipt, safekeeping, transfer or disbursement of public monies to:

(1) Without lawful authority appropriate the money or any portion of it to his own use or the use of another; or

(2) Loan the money or any portion thereof without lawful authority; or

(3) Fail to keep the money in his possession until lawfully disbursed or paid out according to law; or

(4) Deposit the money in an unauthorized bank or with a person not lawfully authorized to receive such; or

(5) Knowingly keep any false account, or make a false entry or erasure in any account of or relating to the money; or

(6) Fraudulently alter, falsify, conceal, destroy, or obliterate any such account; or

(7) Knowingly refuse or omit to pay over on lawful demand by competent authority any public monies in his hands; or

(8) Knowingly omit to transfer money when transfer is required by proper authority; or

(9) Make a profit for himself or another when not lawfully entitled to such, or in an unlawful manner, out of public monies; or

(10) Fail to pay over to the proper account or authority any fines, forfeitures, or fees received by him; or

(11) Otherwise handle public money in a manner not authorized by law for his own benefit or the

(12) Handle public money in a reckless manner as a result of which a risk of loss of such money is significant.

(b) "Public money" includes all money, bonds, and evidences of indebtedness or their equivalent, belonging to, or received or held by the Tribes or any other government, or any account or money held by the Tribes or government for any individual or group.

(c) Misusing public money shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years or more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 408. Perjury In The First Degree

(a) It shall be unlawful, in any official proceeding, to make a false statement under oath or equivalent affirmation, or swear or affirm the truth of a statement previously made, when the statement is material and he does not believe it to be true.

(b) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law to be decided by the court.

(c) It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an Irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

(d) No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(e) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

(f) Perjury in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 409. Perjury In The Second Degree

(a) It shall be unlawful to:

(1) Make any written false statement which he does not believe to be true; or

(2) Purposely create a false impression in a written application for any benefit by omitting information necessary to prevent statements therein from being misleading; or

(3) Submit or invite reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

(4) Submit or invite reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false; with a purpose to mislead a public servant in performing his official function.

(b) A person is guilty of perjury in the second degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

(c) It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

(d) No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(e) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

(f) Perjury in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 410. Tampering With Witnesses

(a) It shall be unlawful:

(1) While believing that an official proceeding or investigation is pending or about to be instituted, to attempt to induce or otherwise cause a person to:

(i) testify or inform falsely; or

(ii) withhold any testimony, information, document or thing, or

(iii) elude legal process summoning him to testify or supply evidence; or

(iv) absent himself from any proceeding or investigation to which he has been legally summoned; or

(2) To harm another by an unlawful act in retaliation for anything done by another in his capacity as a witness or informant; or

(3) To solicit, accept or agree to accept any benefit in consideration for doing any of the things specified in this section.

(b) Tampering with witnesses shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year or both.

Section 411. Tampering With Evidence

(a) It shall be unlawful, while believing that an official proceeding or investigation is pending or about to be instituted, to:

(1) Alter, destroy, conceal or remove any record, document, or thing with the intent to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or thing knowing it to be false and with a purpose to mislead a public servant who is or may be engaged in such proceeding or investigation.

(c) Tampering with evidence shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 412. Tampering With Public Records

(a) It shall be unlawful to:

(1) Knowingly make a false entry in, or false alteration of, any record, document or thing belonging to or received or kept by, the Tribes or government for information or record, or required by law to be kept by others for information of the Tribes or government; or

(2) Make, present or use any record, document, or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in subsection (1) above; or

(3) Purposely and unlawfully destroy, conceal, remove or otherwise impair the truth or availability of any such record, document or thing.

(b) Tampering with Public Records shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or both combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.

Section 413. Impersonating A Public Servant

(a) It shall be unlawful to falsely pretend to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.

(b) Impersonating a public servant shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 414. Obstructing Governmental Function

(a) It shall be unlawful to:

(1) Use force, violence, intimidation, or engage in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; or

(2) Purposely obstruct, impair, or prevent the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

(b) Obstructing governmental function shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 415-424. Reserved

Section 435. Failure to Obey an Officer

(a) It shall be unlawful to knowingly or recklessly fail to obey the command or direction of any law enforcement officer.

(b) Failure to obey the direction of a law enforcement officer shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or a term of imprisonment in the Tribal jail not to exceed three months or both.

Section 436. False Arrest

(a) It shall be unlawful for any public officer or person pretending to be a public officer to, under the pretense or color of any process or other legal authority, arrest or detain any person against his will, except where such person reasonably believes he is authorized by law to do so.

(b) False arrest shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 427. Refusing To Aid An Officer

(a) It shall be unlawful to knowingly or recklessly refuse to aid a law enforcement officer or fireman in the performance of his official duties when called upon by the officer to do so.

(b) Refusing to aid an officer shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 428. Obstructing Justice

(a) It shall be unlawful, with the purpose to hinder the apprehension, prosecution, conviction or punishment of another for the commission of an offense, to:

(1) Harbor or conceal the other; or

(2) Provide or aid in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape; or

(3) Conceal or destroy evidence of the offense, or tamper with a witness, informant, document or other source of information, regardless of its admissibility in evidence; or

(4) Warn the other of impending discovery or apprehension, except if such warning is given in an attempt to get the other person to comply with the law; or

(5) Volunteer false information to a law enforcement officer for the purpose of preventing the apprehension of another; or

(6) Obstruct by force, threat, bribery or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of another person.

(b) Obstructing justice shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both, unless the recipient of any of the above aid has been previously sentenced to banishment, in which case a conviction under this section may result in both parties being banished for a term equal to one half of the original sentence of banishment, plus a fine up to Five Thousand Dollars ($5,000.00).

Section 429. Providing Contraband

(a) It shall be unlawful to provide any person in official detention with alcoholic beverages, drugs, weapons, implements of escape, or any other thing or substance which the actor knows is improper or unlawful for the detainee to possess.

(b) Providing contraband shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 430. Resisting Lawful Arrest

(a) It shall be unlawful to create a substantial risk of bodily harm to anyone or employ means of resistance justifying or requiring force to overcome the resistance for the purpose of preventing a law enforcement officer from effecting an arrest or detention of himself or of any other person.

(b) Resisting lawful arrest shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 431. Escape

(a) It shall be unlawful to:

(1) Remove oneself from official detention or fail to return to official detention following temporary leave granted for a specific purpose or period; or

(2) Knowingly procure, make, or possess anything which may facilitate escape while being held in official detention; or

(3) Aid another person to escape official detention; or

(4) Knowingly provide a person in official detention with anything which may facilitate such a person's escape.

(b) "Official detention" means arrest, detention in any facility for custody of person under charge or convicted of crime; or any other detention for law enforcement purposes; but "official detention" does not include supervision of probation or parole, or constraint incident to release on bail.

(c) Escape shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 432. Bail Jumping

(a) It shall be unlawful to fail without just cause to appear in person, after having been released on bail or on his own recognizance by court order or other lawful authority upon condition that he subsequently appear on a charge of an offense.

(b) Bail jumping shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.

Section 433. Failure To Obey A Lawful Order Of The Court

(a) It shall be unlawful to purposely or knowingly fail to obey an order, subpoena, warrant or command duly made, issued, or given by a Court of the Tribes or any officer thereof or otherwise issued according to law without just cause.

(b) This Section shall not apply to a failure to appear as a party in a civil action where default or a similar remedy is available to the other party.

(c) Failure to obey a lawful order of the court shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by a term or imprisonment in the Tribal jail not to exceed one year, or both.

Section 434. Unlawful Return Of Banished Persons

(a) It shall be unlawful for any person under sentence of banishment during the term of such banishment, to:

(1) Physically return to the territorial jurisdiction of the Tribes except while actually traveling upon a public highway, or as allowed by law, or

(2) To apply for or attempt to claim any right, privilege or immunity by virtue of membership in the Tribes except as provided by law.

(b) Unlawful return of Banished persons shall be punishable by a fine of Five Thousand Dollars ($5,000.00), and by imprisonment in the Tribal jail for a term not exceeding one year, and by banishment for a term equal to the original term of banishment which was violated.

(c) In addition, any personal property of every kind and description which the banished person brought with him or used to return to the Tribal jurisdiction shall be contraband and forfeited to the Tribes, by civil forfeiture provided, that if any of said property belongs to another, that person, if known, shall served with civil process, as in forfeiture proceedings and may defend by showing that the banished person did not have permission to use or possess the property or to enter the Tribal jurisdiction with that property.

Section 435. Aiding Return Of Banished Persons

(a) It shall be unlawful for any person to aid, abet, or assist a person under sentence of banishment to:

(1) Physically return to the territorial jurisdiction of the Tribes except while actually traveling upon a public highway, or as allowed by law: or

(2) Apply for or attempt to claim any right, privilege, or immunity by virtue of membership in the Tribes except as allowed by law.

(b) Aiding return of banished persons shall be punishable by a fine of Five Thousand Dollars ($5,000.00) and by imprisonment in the Tribal jail for a term not exceeding one year, and by banishment for a period not in excess of one-half of the term for which the returned person was banished.

(c) In addition, any personal property of every kind and description which the banished person brought with him or used to return to the Tribal jurisdiction shall be contraband and forfeited to the Tribes, by civil forfeiture provided, that if any of said property belongs to another, that person, if known, shall served with civil process, as in forfeiture proceedings and may defend by showing that the banished person did not have permission to use or possess the property or to enter the Tribal jurisdiction with that property.

Sections 436-439. Reserved

Section 440. False Alarms

(a) It shall be unlawful to knowingly:

(1) Cause a false fire alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property; or

(2) Give false information to any law enforcement officer with purpose to Implicate another in an offense; or

(3) Report to law enforcement authorities an offense or other incident within their concern knowing or believing that it did not occur; or

(4) Pretend to furnish law enforcement authorities with information relating to an offense or incident when one knows he has no information relating to such offense or incident; or

(5) Give a false name or address to a law enforcement officer in the lawful discharge of his official duties.

(b) False alarms shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 441. Doing Business Without A License

(a) It shall be unlawful to commence or carry on any business, trade, profession, or calling the transaction or carrying on of which is required by law to be licensed, without having an appropriate license.

(b) Doing business without a license shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 442. Tampering With Public Property

(a) It shall be unlawful to:

(1) Steal, deface, mutilate, alter, falsify, or remove all or part of any record, map, book, document or thing, or any court documents or records, placed or filed in any public office, or with any public officer, or to permit another to do so; or

(2) Knowingly injure, deface or remove any signal, monument or other marker placed or erected as part of an official survey of the tribe or federal government without authority to do so; or

(3) Intentionally deface, obliterate, tear down, or destroy any copy or transcript or extract from any law or any proclamation, advertisement, or notice set up or displayed by any public officer or court, without authority to do so and before the expiration of the time for which the same was to remain set up.

(b) Tampering with public property shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

Section 443. Injuring Public Property

(a) It shall be unlawful to:

(1) Intentionally break down, pull down or otherwise injure or destroy any jail or other place of confinement: or

(2) Intentionally and without authority dig up, remove, displace or otherwise injure or destroy any public roadway highway or bridge or private road or bridge or other public building or structure; or

(3) Remove or injure any milepost, guidepost or road or highway sign or marker or any inscription on them while such is erected along a road or highway.

(4) Knowi