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to Table of Contents Laws
of the Confederated Salish and Kootenai Tribes, Codified
Revised: April 15, 2003
TITLE II, CHAPTER 1 - TRIBAL OFFENSES
General Preliminary Provisions
(1) to forbid and prevent the commission of offenses and give fair warning of conduct which is declared to be an offense; (2) to adequately define the conduct and mental state which constitute an offense and to safeguard permitted conduct;(3) to prescribe penalties which are proportionate to the seriousness of the offense and which permit recognition of differing rehabilitative needs of individual offenders while at the same time recognizing the need of the entire Reservation Community to protect itself from offenders; (4) to prevent arbitrary and oppressive treatment of persons accused or convicted of offenses and to promote the correction and rehabilitation of such persons; and (5) to protect any Tribal member or other person residing on the Reservation whose health or welfare may be adversely affected or threatened due to abuse, neglect or exploitation by family, household members, or other person in a legal or contractual position of providing physical, mental, or medical assistance and support to the affected person.
(1) one offense is included in the other; (2) one offense consists only of conspiracy or some other form of preparation for committing the offense; (3) inconsistent findings of fact are required to establish the commission of the offenses; (4) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or (5) the offense is defined to prohibit a continuing course of conduct and the offender's course of conduct was interrupted, unless the law provides that the specific periods of such conduct constitute separate offenses.
(1) An offender may be convicted of an offense included in an offense charged without having been specifically charged with the lesser included offense. An offense is included when:
(2) The Tribal Court need not charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the lesser included offense.
(1) Unless otherwise specified by statute:
(2) The period of limitation does not run under the following conditions:
(3) An offense is committed either when every element occurs or, if the offense is based upon a continuing course of conduct, when the course of conduct is terminated. The time starts to run on the day after the offense is committed. (4) A prosecution is commenced when a complaint is filed.
(1) A person convicted of an offense may be sentenced as follows:
(2) The fines listed above may be imposed in addition to any amounts ordered paid as restitution. (3) Any person adjudged guilty of an offense under this Code shall be sentenced in accordance with this section and Section 2-2-1203, unless otherwise specified.
(1) Whether or not the Tribal Prosecutor files a complaint charging the offense, a person may apply to the Tribal Court for an order of protection if the Prosecutor has reason to believe that a person is a victim of one of the following offenses committed by a person over whom the Tribal Court has jurisdiction: abuse of an elderly or vulnerable person, assault, aggravated assault, intimidation, domestic abuse, criminal endangerment, negligent endangerment, unlawful restraint, kidnaping, aggravated kidnaping, arson, stalking, sexual assault, incest, or sexual intercourse without consent. (2) The petition for a protective order against a suspected offender shall be accompanied by an affidavit of the alleged victim setting out facts constituting sufficient reason to believe that the suspected offender has committed one of the offenses listed in subsection (1). (3) The petition may request an order of protection containing any or all of the following provisions for relief of the alleged victim:
(4) Upon a finding that the alleged victim is in danger of harm if the Court does not act immediately, the Court shall issue a temporary order of protection granting some or all of the relief requested and such other relief as may be appropriate in the circumstances. The protective order shall not apply to contacts initiated by the petitioning alleged victim. (5) Within 14 days from the date the Court issues a temporary protection order, a hearing must be conducted. At the hearing, the Court shall determine whether good cause exists for the temporary order of protection to be continued, amended, or made permanent. 2-1-114. Definitions. Unless otherwise specified in a particular section, the following general definitions shall apply in this Chapter: (1) "Abuse" includes, but is not limited to:
(2) "Acts" has its usual and ordinary meaning and includes any voluntary bodily movement, any form of communication, and when relevant, a failure or omission to take action. (3) "Another" means a person or persons, as defined in this Code, other than the offender. (4) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage. (5) "Bodily harm" or "bodily injury" means physical pain, illness or any impairment of physical condition. (6) "Citation" means a written direction that is issued by a law enforcement officer and that requests a person to appear before the court at a stated time and place to answer a charge for the alleged commission of an offense. (7) "Cohabit" means to live together in an arrangement whereby the parties voluntarily assume the rights, duties and obligations which are normally manifested by married persons. (8) "Common scheme" means a series of acts or omissions motivated by a purpose to accomplish a single criminal objective or by a common purpose or plan which results in the repeated commission of the same offense or affects the same person or persons, or the same property. (9) "Conduct" means an act or series of acts and the accompanying mental state. (10) "Conviction" means a judgment or sentence entered upon a plea of guilty or no contest, or upon a verdict or finding of a defendant's guilt rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. Once a conviction has been expunged, it is no longer considered a conviction under Tribal law. (11) "Deceit" means:
(12)
"Deprive" means to withhold the property of another:
(13)
"Felony" means a Class E offense. (14)
"Force" means the infliction, attempted infliction, or threatened infliction
of bodily harm by a person, or the commission or threat of any other
crime by a person against the complainant or another which causes the
complainant to reasonably believe that the person has the present ability
to execute the threat, thereby causing the complainant to submit. (15) "Harm" means the loss, disadvantage, or injury or anything so regarded by the individual affected, including loss, disadvantage, or injury to any person or entity in which the individual has a recognized interest. (16)
"Intoxicating substance" means any drug or any alcoholic beverage, including
but not limited to any beverage containing 1/2 of 1% or more of alcohol
by volume, which, when used in sufficient quantities, ordinarily or
commonly produces intoxication. (17) "Involuntary act" means any act which is:
(18)
"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 person's own conduct or that the circumstance exists.
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.
When knowledge of the existence of a particular fact is an element of
an offense, knowledge is established if a person is aware of a high
probability of its existence. Equivalent terms, such as "knowing" or
"with knowledge", have the same meaning. (19)
"Law enforcement officer" means any person who by virtue of his or her
office of public or Tribal employment is vested by law with a duty to
maintain public order or to make arrests for offenses while acting within
the scope of his or her authority. (20)
"Mental Disorder" means any organic, mental, or emotional impairment
which has substantial adverse effects on an individual's cognitive or
volitional functions. It does not include an abnormality manifested
only by repeated criminal or other antisocial behavior. (21)
"Misdemeanor" means a Class A, Class B, Class C, or Class D offense. (22)
"Negligently" A person acts negligently with respect to an element of
an offense when the person should be aware of a substantial and unjustifiable
risk that the element presently exists or will result from his or her
conduct. The risk must be of such a nature and degree that the person's
failure to perceive it involves a gross deviation from the standard
of care that a reasonable person would observe in the same situation,
considering the nature and purpose of the person's conduct and the circumstances
known to her or him. (23)
"Obtain or exert unauthorized control" means a person acting without
lawful authority:
(24)
"Occupied structure" means any building, vehicle or other place suited
for human occupancy or night lodging of persons or for carrying on business
regardless of whether a person is actually present. Each unit of a building
consisting of 2 or more units separately secured or occupied is a separate
occupied structure. (25)
"Offense" means a crime for which a sentence of labor, time in jail,
a fine, restitution, or other penalty provided by law may be imposed. (26)
"Official detention" means arrest, detention in any facility for custody
of persons under charge or conviction of a crime, or any other detention
for law enforcement purposes. (27)
"Owner" means a person, other than the offender, who has possession
of or any other interest in the property involved, even though such
interest or possession is unlawful, and without whose consent the offender
has no authority to exert control over the property. (28)
"Person" an individual, association, corporation, partnership, or other
legal entity. (29)
"Possession" is the knowing control of anything for a sufficient time
to be able to terminate control. (30)
"Premises" includes land, buildings, and appurtenances thereto. (31)
"Property" means anything of value to the owner. Property includes but
is not limited to:
(32)
"Property of another" means real or personal property in which a person
other than the offender or a government has an interest that the offender
has no authority to defeat or impair, even though the offender may have
an interest in the property. (33)
"Protective order" is a court order restraining a person from engaging
in the commission or continuance of some act which may result in irreparable
harm to another. (34)
"Public place" means any place to which the public has access. (35)
"Purposely". A Person acts purposely with respect to a result or to
conduct described by a statute defining an offense when:
(36)
"Reasonable apprehension" is deemed to exist in any situation where
a person knowingly points a firearm at or in the direction of another
person, whether or not the offender believes the firearm to be loaded.
In all other circumstances, "reasonable apprehension" is a question
of fact to be determined by the trier of fact. (37)
"Restitution" means a requirement, as a condition of a sentence, that
an offender repay the victim or the Tribes in money or services. (38)
"Serious bodily harm" or "serious bodily injury" means bodily injury
which creates a risk of death, causes serious permanent or protracted
loss or impairment of the function or process of any bodily member or
organ, causes permanent disfigurement, or causes a serious mental disorder. (39)
"Sexual contact" means any touching of the sexual or other intimate
parts of the person of another for the purpose of arousing or gratifying
the sexual desire of either party or for the purpose of satisfying the
defendant's aggressive impulses. (40)
"Sexual intercourse" means penetration of the vulva, anus, or mouth
of one person by the penis of another person, penetration of the vulva
or anus of one person by any body member of another person, or penetration
of the vulva or anus of one person by any foreign instrument or object
manipulated by another person for the purpose of arousing or gratifying
the sexual desire of either party or for the purpose of satisfying the
defendant's aggressive impulses. Any penetration, however slight, is
sufficient. (41)
"Solicit" or "solicitation" means to command, authorize, urge, incite,
request or advise another to commit an offense. (42)
"Statute" means any Tribal Code section, Tribal ordinance, or adopted
section of the Montana Code Annotated. (43)
"Tamper" means to interfere with something improperly, make unwarranted
alterations in its existing condition, or deposit refuse upon it. (44)
"Threat" means a menace, however communicated, to:
(45)
"Tribes" refers to the Confederated Salish and Kootenai Tribes of the
Flathead Reservation. (46)
"Underage person" means a person who is below the age designated by
the particular section of the statute. (47)
(48)
"Vehicle" means any device for transportation by land, water, or air
or mobile equipment with provisions for transport of an operator. (49)
"Weapon" means any instrument, firearm, article, or substance which,
regardless of its primary function, is readily capable of being used
to produce death or serious bodily harm. (50)
"Witness" means any person whose testimony is desired in any official
proceeding or in any investigation. (Rev.
1-27-00.)
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2-1-201. Conduct and result. (1) Conduct is the cause of a result if:
(2) If knowingly or purposely causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:
(3) If negligently causing a particular result is an element of an offense and the offender is not aware or should not have been aware of the probable result, negligence can nevertheless be established if:
2-1-203. Responsibility. A person who is in an intoxicated or drugged condition is criminally responsible for her or his conduct unless such conduct is involuntarily produced and deprives the person of the capacity to appreciate the criminality of the conduct or to conform her or his conduct to the requirements of the law.
(1) A person is legally accountable for the conduct of another when:
(2) However, a person is not accountable if:
(3) A person may not be found guilty of an offense on the testimony of one responsible or legally accountable for the same offense unless that testimony is corroborated by other evidence that in itself and without the aid of the testimony of the one responsible or legally accountable for the same offense, tends to connect the defendant with the commission of the offense.
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(1)
The complainant's or victim's consent to the performance of the conduct
constituting an offense or to the result is an affirmative defense which
must be proved by the defendant by a preponderance of the evidence. (2)
Consent is ineffective if:
2-1-302. Compulsion. A person is not guilty of an offense by reason of conduct which he or she performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if he or she reasonably believes that death or serious bodily harm will be inflicted upon him or her if he or she does not perform such conduct. Compulsion is an affirmative defense which must be proved by the defendant by a preponderance of the evidence.
2-1-304. Self-defense. (1) A person is justified in the use of force or threat to use force against another when and to the extent the person reasonably believes that such conduct is necessary to:
(2) A person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes such force is necessary to prevent imminent death or serious bodily harm to herself or himself or another person. (3) The defendant has the burden of producing sufficient evidence to raise a reasonable doubt of his or her culpability when the defendant raises self-defense as an affirmative defense. 2-1-305. Use of force by aggressor. Self-defense is not available to a person who (1) is attempting to commit, committing, or escaping after the commission of an offense; or (2) knowingly or purposely provokes the use of force against herself or himself, unless:
2-1-307. Resisting arrest. A person is not authorized to use force to resist arrest which the person knows is being made by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person believes the arrest is unlawful and the arrest is in fact unlawful.
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(2)
(3) It shall not be a defense to conspiracy that the person or persons with whom the accused has conspired:
(4) A person convicted of conspiracy shall be punished not to exceed the maximum sentence provided for the offense which is the object of the conspiracy. 2-1-402. Solicitation. (1) A person commits the offense of solicitation when, with the purpose that an offense be committed, he commands, encourages, or facilitates the commission of that offense. (2) A person convicted of solicitation shall be punished not to exceed the maximum provided for the offense solicited.
(2) It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted. (3) A person convicted of attempt shall be punished not to exceed the maximum sentence provided for the offense attempted. (4) A person shall not be liable under this section if, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the person avoided the commission of the offense attempted by abandoning the criminal effort. (5) Proof of the completed offense does not bar conviction for the attempt.
Offenses Involving Damage to the Person
2-1-501.
Homicide. (1) A person commits the offense of homicide by
purposely, knowingly, or negligently causing the death of another human
being. (2) Homicide is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-502. Aiding or soliciting suicide. (1) A person commits the offense of aiding or soliciting a suicide by purposely aiding or assisting another in taking his or her own life. (2)
The fact suicide was not successfully carried out is not a defense. (3) Aiding or soliciting suicide is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-503. Assault. (1) A person commits the offense of assault by:
(2)
"Reasonable apprehension" is deemed to exist in any situation where
a person knowingly points a firearm at or in the direction of another
person, whether or not the person pointing the firearm believes the
firearm to be loaded. In all other circumstances "reasonable apprehension"
is a question of fact to be determined by the trier of fact. (3)
Except as provided in subsection (4), assault is a Class D offense over
which the Tribes have exclusive jurisdiction. (4) If the victim is less than 14 years old and the offender is an adult, the assault is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-504. Aggravated assault. (1) A person commits the offense of aggravated assault by knowingly or purposely causing:
(2) Aggravated assault is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-505. Intimidation.
(1) A person commits the offense of intimidation by attempting to have
another person perform or refrain from performing a specific act by
threatening, under circumstances producing a fear that the threat will
be carried out, to:
(2) Intimidation is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-506. Mistreating prisoners. (1) A person commits the offense of mistreating prisoners, if, being responsible for the care or custody of a prisoner, he purposely or knowingly,
(2) Mistreating prisoners is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-507. Negligent vehicular assault. (1) A person who negligently operates a motor vehicle under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, and who causes bodily injury to another, commits the offense of negligent vehicular assault. (2) Negligent vehicular assault is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-508. Negligent endangerment. (1) A person who negligently engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of negligent endangerment. (2) Negligent endangerment is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-509. Criminal endangerment. (1) A person who knowingly engages in conduct that creates a substantial risk of death or serious bodily injury to another commits the offense of criminal endangerment. (2) For the purposes of this Section, "knowingly" means that the person is aware of the high probability that the conduct in which he or she is engaging, whatever that conduct may be, will cause a substantial risk of death or serious bodily injury to another. (3) Criminal endangerment is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-510. Stalking. (1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
(2) This section does not apply to an activity protected by the Tribal Constitution or the Indian Civil Rights Act. (3) For the first offense, a conviction of stalking is a Class D offense over which the Tribes have exclusive jurisdiction. A second or subsequent offense or a first offense against a victim who was under the protection of a protective order directed at the offender, is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 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. (4) Upon presentation of credible evidence of violation of this section, a protective order may be granted restraining a person from engaging in the activity described in subsection (1). (5) For the purpose of determining the number of convictions under this section "conviction" means:
(6) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.
(1) A person commits the offense of abuse of an elderly or vulnerable person by knowingly or purposely, physically or mentally, abusing or exploiting an elderly or vulnerable person. (2) "Exploiting" means the unjust use of an individual's money or property for another's advantage by means of duress, menace, fraud, or undue influence. (3) "Elderly or vulnerable person" means a Tribal member or other person residing on the Reservation who is:
(4) Abuse of an elderly or vulnerable person is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-512. Robbery. (1) A person commits the offense of robbery if, in the course of committing a theft, the person:
(2) "In the course of committing a theft" includes acts which occur in an attempt to commit theft, in the commission of a theft, or in flight after the attempt or commission of a theft. (3) Robbery is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-513. Unlawful restraint. (1) A person commits the offense of unlawful restraint by knowingly or purposely, and without lawful authority, restraining another so as to interfere substantially with another's liberty. (2) Unlawful restraint is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-514. Kidnapping. (1) A person commits the offense of kidnapping by knowingly or purposely, and without lawful authority, restraining another person by:
(2) Kidnapping is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-515. Aggravated kidnaping. (1) A person commits the offense of aggravated kidnaping if he or she knowingly or purposely and without lawful authority restrains another person by either secreting or holding him or her in a place of isolation or by using or threatening to use physical force, with any of the following purposes:
(2) Aggravated kidnaping is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-516. Terrorism. (1) A person commits the offense of terrorism when he or she knowingly or purposely:
(2) Terrorism is a Class E offense over which the Tribes have exclusive jurisdiction.
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2-1-601. Sexual assault. (1) A person commits the offense of sexual assault by knowingly making sexual contact with another without consent. (2) "Without consent", as used in this section and in section 2-1-602, means:
(3) Except as provided in subsection (4), sexual assault is a Class D offense over which the Tribes have exclusive jurisdiction. (4) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual assault, the offender commits a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. (5) An act "in the course of committing sexual assault" shall include an attempt to commit the offense or flight after the attempt or commission. 2-1-602. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. (2) Sexual intercourse without consent is a class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-603. Indecent exposure (1) A person who, for the purpose of arousing or gratifying the person's own sexual desire or the sexual desire of any person, exposes the person's genitals under circumstances in which the person knows the conduct is likely to cause affront or alarm commits the offense of indecent exposure. (2) Indecent exposure is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-604. Sexual abuse of children. (1) As used in this section, the following definitions apply:
(2) A person commits the offense of sexual abuse of children if he or she knowingly:
(3) Sexual abuse of children is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. (4) For purposes of this section, "child" means any person less than 16 years old. 2-1-605. Incest. (1) A person commits the offense of incest if he or she has sexual contact as described in section 2-1-113(39) or sexual intercourse with an ancestor, a descendant, a brother or sister of the whole or half blood, or any stepson or stepdaughter. (2) Consent is a defense under this section to incest with or upon a stepson or stepdaughter, but consent is ineffective if the victim is less than 18 years old. (3) Incest is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-606. Provisions generally applicable to sexual crimes. (1) When criminality depends on the victim being less than 16 years old, it is a defense for the offender to prove that he or she reasonably believed the child to be above that age. Such belief shall not be deemed reasonable if the child is less than 14 years old. (2) No evidence concerning the sexual conduct of the victim is admissible in prosecutions under this part except evidence of the victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease which is at issue in the prosecution. (3) If the defendant proposes for any purpose to offer evidence described in subsection (2), the trial judge shall order a hearing out of the presence of the jury to determine whether the proposed evidence is admissible under subsection (2). (4) Evidence of failure to make a timely complaint or immediate outcry does not raise any presumption as to the credibility of the victim. (5) Resistance by the victim is not required to show lack of consent. Force, fear, or threat is sufficient alone to show lack of consent.
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2-1-701. Domestic abuse. (1) A person commits the offense of domestic abuse by if the person:
(2) "Family member" means mothers, fathers, children, brothers, sisters, and other past or present family members of a household. These relationships include relationships created by adoption and remarriage, including stepchildren, stepparents, and adoptive children and parents. These relationships continue regardless of the ages of the parties and whether the parties reside in the same household. (3) "Partner" means spouses, former spouses, and persons who have been or are currently in a dating or ongoing intimate relationship. (4) For a first conviction for domestic abuse, the offense is classified as a Class D offense over which the Tribes have exclusive jurisdiction. (5) For a second conviction for domestic abuse, the offense is classified as a Class D offense over which the Tribes have exclusive jurisdiction. (6) For a third or subsequent conviction for domestic abuse, the offense is classified as a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. (Rev. 1-27-00.)
(2) Prostitution is a Class B offense over which the Tribes have exclusive jurisdiction.
(2) Aggravated promotion of prostitution is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-704. Bigamy. (1) A person commits the offense of bigamy if, while married, the person knowingly contracts or purports to contract another marriage unless at the time of the subsequent marriage:
(2) Bigamy is a Class B offense over which the Tribes have exclusive jurisdiction. 2-1-705. Failure to support or care for dependent person. (1) A person commits the offense of failure to support or care for a dependent person by knowingly:
(2) Failure to support or care for a dependent person is a Class D offense over which the Tribes have exclusive jurisdiction. (3) It is not a defense to a charge of failure to support that any other person, organization, or agency furnishes necessary food, clothing, shelter, medical attention, or other essential needs for the support of the spouse, child, or other dependent. (4) A person commits the offense of aggravated failure to support if:
(5) Aggravated failure to support is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-706. Contributing to the delinquency of an underage person . (1) The term underage person as used here denotes a person who is below the age designated by the particular section of the statute. A person commits the offense of contributing to the delinquency of an underage person by knowingly:
2-1-707. Failure to send children to school. (1) A person commits the offense of failure to send children to school by repeatedly neglecting or refusing, without good cause to send any child of school age under the person's care to school. (2) For a first conviction of failure to send children to school, the offense is classified as a Class B offense over which the Tribes have exclusive jurisdiction. (3) For a second or subsequent conviction of failure to send children to school, the offense is classified as a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-708. Custodial interference. (1) A person commits the offense of custodial interference when, with the intent to deprive another person or public agency of any custodial rights, the person maliciously takes, detains, entices, or conceals, either within or outside the exterior boundaries of the Reservation, any person under the age of 16, any incompetent person or any person entrusted by authority of law to the custody of another person or institution. (2) Expenses incurred in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are "pecuniary damages" for purposes of restitution. (3) Custodial interference is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-709. Visitation interference. (1) A person who has legal custody of a minor child commits the offense of visitation interference if he or she knowingly or purposely frustrates the visitation rights of a person entitled to visitation under an existing court order. (2) Visitation interference is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-710. Curfew violation. (1) Every person under the age of 18 years is subject to curfew times as follows:
(2) Parents or guardians of children under the age of 18 are responsible for curfew compliance. Exceptions are permitted if the child is under the immediate supervision of a parent, guardian, or other adult approved by the parent or guardian. A child may attend authorized school functions without such supervision. (3) Any parent, guardian or custodian whose children fail to obey curfew regulations commits the offense of curfew violation. (4)
Curfew violation is a Class A offense over which the Tribes have exclusive
jurisdiction and which will be handled in Tribal Traffic Court.
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Arson.
(1) A person commits the offense of arson by knowingly or purposely using fire or explosives
(2) Arson is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-802. Negligent arson. (1) A person commits the offense of negligent arson if he or she purposely or knowingly starts a fire or causes an explosion, whether on his own property or property of another, and thereby negligently
(2) Negligent arson as defined above in (1)(b) is a Class C offense over which the Tribes have exclusive jurisdiction. Negligent arson as defined above in (1)(a) is a Class E offense over which the Tribes and the State of Montana have concurrent jurisdiction. 2-1-803. Criminal mischief. (1) A person commits the offense of criminal mischief by knowingly or purposely:
(2) If the verified damage amount does not exceed $1,000, criminal mischief is a Class C offense over which the Tribes have exclusive jurisdiction. (3) If the verified damage amount is greater than $1,000, criminal mischief is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-804. Trespass. (1) A person commits the offense of trespass by knowingly or purposely and without express or implied privilege
(2) A privilege to enter may be extended
(3) Access to Tribal lands, waters, and natural resources by persons who are not Tribal members is restricted as provided by Tribal and federal law. Tribal members crossing Reservation lands in order to exercise hunting and fishing rights retained by treaty do so with privilege. (4) Notice restricting entry onto non-Tribal lands must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal posts are used the top one-third of the post must be painted. Notice must be placed at all normal points of access to the property. A privilege to enter may be revoked at any time by personal communication of notice by the landowner or other authorized person to the entering person. (5) Trespass is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-805. Burglary. (1) A person commits the offense of burglary by knowingly entering or remaining in an occupied structure, without privilege to be there, with the purpose of committing an offense therein. (2) Burglary is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-806. Theft. (1) A person commits the offense of theft by knowingly and purposely obtaining or exerting unauthorized control, including by threat or deception, over the property of the owner or by obtaining control over stolen property knowing the property to have been stolen by another, and the person
(2) A pawnbroker or dealer who buys and sells secondhand merchandise and allows stolen property to be sold, bartered or otherwise disposed of after a Tribal police officer has requested him to hold the property for 30 days commits the offense of theft. (3) If the verified value of the property does not exceed $1,000, theft is a Class C offense over which the Tribes have exclusive jurisdiction. (4) If the verified value of the property is greater than $1,000, theft is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-807. Theft of lost or mislaid property. (1) A person commits the offense of theft by obtaining control over lost or mislaid property when the person
(2) Theft of lost or mislaid property is a Class B offense. 2-1-808. Theft of labor or services or use of property (1) A person commits the offense of theft when he or she obtains use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor, or services. (2) If the verified value of the labor or services or use of property does not exceed $1,000, its theft under this Section is a Class C offense over which the Tribes have exclusive jurisdiction. (3) If the verified value of the labor or services or use of property is greater than $1,000, its theft is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-809. Failure to return rented or leased property. (1) A person commits the offense of failure to return rented or leased property if, without notice to and permission of the lessor, the person knowingly and purposely fails to return such property after the time provided for such return in the rental agreement, provided that the date and time when return of the property is required and the penalty prescribed in this section is clearly stated, in bold print, in the written agreement. (2) Obtaining rental or leased property through the use of false identification constitutes prima facie evidence of the commission of this offense. (3) Failure to return the rental property within 72 hours after written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time the rental agreement was entered into or personally served on the renter or lessee, constitutes prima facie evidence of the commission of this offense. (4) If the verified value of the rented or leased property does not exceed $1,000, failure to return rental property is a Class C offense over which the Tribes have exclusive jurisdiction. (5) If the verified value of the rented or leased property is greater than $1,000, failure to return rental property is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-810. Aiding the avoidance of telecommunications charges. (1) A person commits the offense of aiding the avoidance of telecommunications charges when he or she knowingly publishes the number or code of an existing, canceled, revoked expired, or nonexistent telephone credit card with the purpose of avoiding payment of lawful telecommunications charges. (2) Aiding the avoidance of telecommunications charges is a Class B offense over which the Tribes have exclusive jurisdiction. (3) For purposes of this section, the term "publish" means to communicate information to any one or more persons, either orally in person, by telephone, radio, or television, or in a writing of any kind, including but not limited to a letter, memorandum, circular, handbill,newspaper or magazine article, or book. 2-1-811. Unauthorized acquisition or transfer of food stamps. (1) A person commits the offense of unauthorized acquisition or transfer of food stamps if he or she knowingly
(2) The unauthorized acquisition or transfer of food stamps with a value of less than $1,000 is Class C offense over which the Tribes have exclusive jurisdiction. (3) The unauthorized acquisition or transfer of food stamps with a value of greater than $1,000 is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-812. Waste, sale or trade of food distribution program foods. (1) A person commits the offense of waste, sale or trade of food distribution program foods (commodities) if he or she knowingly
(2) Waste, sale or trade of food distribution program foods is a Class B offense over which the Tribes have exclusive jurisdiction. 2-1-813. Unauthorized use of motor vehicle. (1) A person commits the offense of unauthorized use of a motor vehicle by knowingly operating the vehicle of another without the his or her consent. (2) It is a defense that the offender reasonably believed that the owner would have consented to the offender's operation of the motor vehicle if asked. (3) Unauthorized use of a motor vehicle is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-814. Unlawful use of a computer. (1) A person commits the offense of unlawful use of a computer by knowingly or purposely
(2) If the verified value of the property used, altered, destroyed, or obtained does not exceed $1,000, unlawful use of a computer is a Class C offense over which the Tribes have exclusive jurisdiction. (3) If the verified value of the property used, altered, destroyed, or obtained is greater than $1,000, unlawful use of a computer is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-815. Issuing a bad check. (1) A person commits the offense of issuing a bad check when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing it will not be honored by the depositor. (2) If the person issuing the check or other order has an account with the depositor., failure to make good the check or other order within 15 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the person knew it would not be paid by the depositor. (3) Issuing a bad check for services, labor, or property obtained not exceeding $1,000 is a Class C offense over which the Tribes have exclusive jurisdiction. (4) Issuing a bad check for services, labor, or property obtained or attempted to be obtained exceeding $1,000 is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-816. Defrauding creditors. (1) A person commits the offense of defrauding secured creditors if he or she knowingly destroys, conceals, encumbers, transfers, removes from the Reservation, or otherwise deals with property subject to a security interest with the purpose to hinder enforcement of that interest. (2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation. (3) Defrauding creditors is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-817. Deceptive practices. (1) A person commits the offense of deceptive practices by knowingly or purposely
(2) Deceptive practices is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-818. Deceptive business practices. (1) A person commits the offense of deceptive business practices if, while in the course of engaging in a business, occupation, or profession, the person knowingly or purposely
(2) Deceptive business practices is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-819. Forgery. (1) A person commits the offense of forgery when, with purpose to defraud, the person knowingly falsely signs, makes, executes, or alters any written instrument. (2) A purpose to defraud means the purpose of causing another to assume, create, transfer, alter, or terminate any right, obligation, or power with reference to any person or property. (3) Except as provided in subsection (4), forgery is a Class C offense over which the Tribes have exclusive jurisdiction. (4) If the forgery is part of a common scheme, or if the value of the property, labor, or services obtained or attempted to be obtained exceeds $1,000, the offense is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-820. Obscuring the identity of a machine. (1) A person commits the offense of obscuring the identity of a machine if he or she
(2) Obscuring the identity of a machine is a Class C offense over which the Tribes have exclusive jurisdiction. (3) The fact of possession or transfer of any such machine, vehicle, electrical device, or firearm creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured. 2-1-821. Illegal branding or altering or obscuring a brand. (1) A person commits the offense of illegal branding or altering or obscuring a brand if he or she marks or brands any commonly domesticated hoofed animal or removes, covers, alters, or defaces any existing mark or brand on any commonly domesticated hoofed animal with the purpose to obtain or exert unauthorized control over said animal or with the purpose to conceal, misrepresent, transfer, or prevent identification of said animal (2) Illegal branding or altering or obscuring a brand is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. Part
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2-1-901. Definitions. For purposes of this Part, the following definitions apply: (1) "Administrative proceeding" means any Tribal proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual. (2) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare the beneficiary is interested. (3) "Official proceeding" means a proceeding heard or that may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with the proceeding. (4) "Pecuniary benefit" is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain. (5) "Tribal public servant" means any officer or employee of the Tribal government including but not limited to a member of the Tribal Council, a judge, anyone who has been elected or designated to become a Tribal public servant, or any person serving as a juror, administrator, executor, personal representative, guardian, or court-appointed fiduciary. 2-1-902. Bribery. (1) A person commits the offense of bribery by knowingly or purposely offering, conferring, agreeing to confer upon another, soliciting, accepting, or agreeing to accept from another, any benefit, including pecuniary benefit, as consideration for:
(2) It is not a defense that a person whom the offender sought to bribe was not qualified to act in the desired way. (3) Bribery is a Class D offense over which the Tribes have exclusive jurisdiction. (4) A person convicted of the offense of bribery shall forever be disqualified from holding any position as a Tribal public servant. 2-1-903. Improper influence in official matters. (1) A person commits the offense of improper influence by purposely or knowingly:
(2) It is not a defense that a person whom the offender sought to influence was not qualified to act in the desired way. (3) Improper influence in official matters is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-904. Compensation for past official behavior. (1) A person commits an offense under this section if he knowingly solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having, as a Tribal public servant, given a decision, opinion, recommendation, or vote favorable to another, for having exercised a discretion in another's favor, or for having violated his or her duty. A person commits an offense under this section if he or she knowingly offers, confers, or agrees to confer compensation which is prohibited by this section. (2) Compensation for past official behavior is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-905. Gifts to Tribal public servants by persons subject to their jurisdiction. (1) No Tribal public servant in any department or agency exercising a regulatory function, conducting inspections or investigations, carrying on a civil or criminal litigation on behalf of Tribal government, or having custody of prisoners shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation, or custody or against whom such litigation is known to be pending or contemplated. (2) No Tribal public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the government shall solicit, accept, or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim, or transaction. (3) No Tribal public servant having judicial or administrative authority and no Tribal public servant employed by a Tribal court having such authority or participating in the enforcement of its decision shall solicit, accept, or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such Tribal public servant or tribunal with which he or she is associated. (4) This section shall not apply to:
(5) No person shall knowingly confer or offer or agree to confer any benefit prohibited by subsections (1) through (3). (6) An offense committed under this section is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-906. Perjury. (1) A person commits the offense of perjury by knowingly making in any Tribal judicial or administrative proceeding a false statement under oath or equivalent affirmation, or by swearing or affirming the truth of a false statement previously made when the statement is material to the proceedings. (2) Perjury is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-907. False swearing. (1) A person commits the offense of false swearing by knowingly making a false statement under oath or equivalent affirmation, or swearing or affirming the truth of such a statement previously made when the person does not believe the statement to be true and:
(2) False swearing is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-908. Unsworn falsification to authorities. (1) A person commits an offense under this section if, with purpose to mislead a Tribal public servant in performing his or her official function, he or she
(2) Unsworn falsification is a Class B offense over which the Tribes have exclusive jurisdiction. 2-1-909. False alarms to agencies of public safety. (1) A person commits an offense under this section if he or she knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, Tribal or otherwise, official or volunteer, which deals with emergencies involving danger to life or property. (2) False alarms to public agencies is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-910. False reports to law enforcement officers. (1) A person commits the offense of giving false reports to law enforcement officers by knowingly
(2) Giving false reports to law enforcement officers is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-911. Tampering with witnesses, informants, or physical evidence. (1) A person commits the offense of tampering if, believing that an official proceeding or investigation is pending or about to be instituted, the person knowingly or purposely attempts to or does
(2) Tampering is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-912. Impersonating a Tribal public servant. (1) A person commits the offense of impersonating a Tribal public servant by knowingly and purposely pretending to hold a position as a public servant of the Tribes as a means of inducing another to submit to the person's authority or otherwise act in reliance upon such representation. (2) Impersonating a Tribal public servant is a Class B offense over which the Tribes have exclusive jurisdiction. 2-1-913. False claims to Tribal agencies. (1) A person commits an offense under this section if he or she purposely and knowingly presents for allowance or for payment a claim already paid by another or a false or fraudulent claim, bill, account, voucher, or writing to a Tribal agency, Tribal public servant, or to a contractor authorized to allow of pay claims presented to a Tribal agency, if genuine. (2) A false claim is a Class D offense over which the Tribes have exclusive jurisdiction, except as may be provided otherwise by federal law. 2-1-914. Resisting arrest. (1) A person commits the offense of resisting arrest by knowingly preventing or attempting to prevent a law enforcement officer from making an arrest by:
(2) It is no defense to a charge of resisting arrest that the arrest was unlawful, provided the law enforcement officer was acting under the color of his or her official authority. (3) Resisting arrest is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-915. Obstructing a law enforcement officer or other Tribal public servant. (1) A person commits the offense of obstructing a law enforcement officer or other Tribal public servant if he or she knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a Tribal governmental function. (2) It is no defense to a charge under this section that the law enforcement officer or other Tribal public servant was acting in an illegal manner, provided he was acting under the color of his or her official authority. (3) Obstructing a law enforcement officer or other Tribal public servant is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-916. Obstructing justice. (1) For the purpose of this section, "an offender" means a person who has been or is liable to be arrested, charged, convicted, or punished for a Tribal offense. (2) A person commits the offense of obstructing justice if, knowing another person is an offender, he or she purposely:
(3) Obstructing justice is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-917. Violation of a protective order. (1) A person to whom a protective order is directed commits the offense of violating a protective order by, with knowledge of the order, knowingly or purposely engaging in any conduct proscribed by the protective order or by failing to meet any requirement of the order. (2) The person requesting the protective order or for whose protection it was issued may not be charged with violation of this section. (3) The person against whom the protective order is directed may not be convicted of a violation of the order if the person who requested the protective order initiates the contact. (4) Violation of a protective order is a Class D offense over which the Tribes have exclusive jurisdiction, except as provided by 2-1-701 (11) concerning multiple violations of a protective order involving a family or household member. (Rev. 1-27-00.) 2-1-918. Escape. (1) A person commits the offense of escape by:
(2) Escape is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-919. Providing contraband. (1) A person commits the offense of providing contraband by knowingly providing a person in official Tribal detention with alcoholic beverages, implements of escape or any other items or substances which the person knows are unlawful or improper for the detainee to possess. (2) Providing contraband is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-920. Bail-jumping. (1) A person commits the offense of bail-jumping if, having been released on bail, or on the person's own recognizance, by Tribal Court order or other lawful Tribal authority upon condition that the person subsequently appear on a charge of an offense, the person fails, without just cause, to appear in person or by counsel at the time and place lawfully designated for the person's appearance. (2) Bail-jumping constitutes a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-921. Criminal contempt. (1) A person commits the offense of criminal contempt by knowingly engaging in any of the following conduct:
(2) Criminal contempt is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-922. Official misconduct. (1) A Tribal public servant commits the offense of official misconduct when in his or her official capacity he or she commits any of the following acts:
(2) Official misconduct is a Class D offense over which the Tribes have exclusive jurisdiction. (3) A public servant who has been charged as provided in this section may be suspended from his or her office without pay pending final judgment.
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2-1-1001. Disorderly conduct. (1) A person commits the offense of disorderly conduct by knowingly disturbing the peace of another by:
(2) Disorderly conduct is a Class B offense over which the Tribes have exclusive jurisdiction. 2-1-1002. Riot. (1) A person commits the offense of riot if he or she purposely disturbs the peace by engaging in an act of violence as part of an assemblage of five or more persons, which act or threat presents a clear and present danger of or results in damage to property or injury to persons. (2) Riot is a Class C offense over which the Tribes have exclusive jurisdiction.
(1) A person commits the offense of public nuisance by knowingly creating, conducting, or maintaining a public nuisance. (2) "Public nuisance" includes, but is not limited to:
(3) Uses of Reservation lands and waters by Tribal members or the Tribes, whether agricultural operations or otherwise, existing prior to nearby residential or commercial development or population increase, will not be considered a public nuisance. (4) Public nuisance is a Class A offense over which the Tribes have exclusive jurisdiction which will be handled in Tribal Traffic Court. 2-1-1004. Creating a hazard. (1) A person commits the offense of creating a hazard by knowingly:
(2) Creating a hazard is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-1005. Illegal possession or use of liquor. (1) A person commits the offense of illegal possession or use of liquor by knowingly and purposely:
(2) A first or second offense of illegal possession or use of liquor under (1)(b) above is a Class A offense over which the Tribes have exclusive jurisdiction which shall be referred to Tribal Traffic Court. (3) A third or subsequent offense of illegal possession or use of liquor under (1)(b) above is a Class C offense over which the Tribes have exclusive jurisdiction which shall be referred to Tribal Criminal Court and shall require a chemical dependency assessment and completion of the assessment recommendations. (4) An offense of illegal possession or use of liquor under (1)(a) or (1)(c) above is a Class C offense over which the Tribes have exclusive jurisdiction
(1) A person commits the offense of harming a police dog if he or she purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a Tribal law enforcement officer in discharging or attempting to discharge any legal duty in a reasonable and proper manner. (2) Harming a police dog is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-1007. Causing animals to fight. (1) A person commits the offense of causing animals to fight by:
(2) Causing animals to fight is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. 2-1-1008. Cruelty to animals. (1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:
(2) A first offense of cruelty to animals is a Class B offense over which the Tribes have exclusive jurisdiction which will be referred to Tribal Traffic Court. (3) A second or subsequent offense of cruelty to animals is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana. (4) Sentencing may also include:
(5) Nothing in this section prohibits:
2-1-1009. Maintaining a Vicious Dog. (1) It is a criminal offense to maintain a vicious dog. (2) A vicious dog is defined as one which bites, attempts to bite, harasses, or chases any human being without provocation or which harasses, chases, bites, or attempts to bite livestock or any domestic pet. (3) A Law Enforcement Officer may restrain, quarantine, or otherwise control any vicious dog upon a reasonable suspicion that there was a violation of this section. (4) Strict Liability is imposed under this section. (5) Maintaining a Vicious Dog is a Class A offense over which the Tribes have exclusive jurisdiction which shall be referred to Tribal Traffic Court. In addition to the penalties allowed under this code, the Court shall order a person convicted of Maintaining a Vicious Dog to make restitution for any expense incurred by the Tribes for controlling the vicious dog under subsection (3) and may order the vicious dog destroyed.
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(2) A thing is obscene if:
(3) In any prosecution for an offense under this section, evidence shall be admissible to show:
(4) Promoting obscene acts or materials is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-1102. Public display or dissemination of obscene material to minors. (1) A person having custody, control or supervision of any commercial establishment or newsstand may not knowingly or purposely:
(2) A person does not violate this section if:
(3) Public display or dissemination of obscene material to minors is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-1103. Violation of privacy in communications. (1) A person commits the offense of violating privacy in communication who knowingly or purposely:
(2) Violating privacy in communications is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-1104. Bribery in contests. (1) A person commits the offense of bribery in contests if he or she purposely or knowingly offers, confers, or agrees to confer upon another or solicits, accepts, or agrees to accept from another:
(2)
Bribery in contests is a Class E offense over which the Tribes have
concurrent jurisdiction with the State of Montana.
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(1) A person commits the offense of carrying a concealed weapon by knowingly carrying or bearing a dirk, dagger, pistol, revolver, slingshot, sword cane, billy club, knuckles made of any metal or other hard substance, knife having a blade at least 4 inches long, non-safety type razor, or any other deadly weapon which is wholly or partially covered by the clothing or wearing apparel of the person carrying the weapon. (2) Subsection (1) does not apply to:
(3) Carrying a concealed weapon is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-1202. Possession of deadly weapon by prisoner. Every prisoner committed to the Tribal jail, who while at the jail, while being conveyed to or from the jail, or while under the custody of prison or jail officers, or employees, purposely or knowingly possesses or carries upon his person or has under his custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, Billy, knuckles made of metal or hard substance, knife, razor not including a safety razor, or other deadly weapon is guilty of a Class D offense over which the Tribes have exclusive jurisdiction.
(2) Carrying a concealed weapon while under the influence is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-1204. Carrying concealed weapon in a prohibited place. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if he or she purposely or knowingly carries a concealed weapon in:
(2) It is not a defense that the person had the permission of the Tribal Court or a state permit to carry a concealed weapon. (3) Carrying a concealed weapon in a prohibited place is a Class D offense over which the Tribes have exclusive jurisdiction. 2-1-1205. Carrying or bearing a switchblade knife. (1) Every person who knowingly carries or bears upon his or her person, who carries or bears within or on a motor vehicle or other means of conveyance operated by him or her or who owns, possesses, uses, stores, gives away, sells, or offers for sale a switchblade knife shall be guilty of a Class C offense. (2) A bona fide collector whose collection is registered with the Tribal Police is exempted from the provisions of this section. (3) For the purpose of this section, a switchblade knife is defined as any knife which has a blade 1 and 1/2 inches long or longer which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife. (4) Carrying or bearing a switchblade knife is a Class C offense over which the Tribes have exclusive jurisdiction and which will be heard in Tribal Traffic Court. (Rev. 1-27-00.) 2-1-1206. Reckless or malicious use of explosives. (1) Every person who shall recklessly or maliciously use, handle, or have in his or her possession any explosive substance whereby any human being is intimidated, terrified, or endangered shall be guilty of a Class C offense. (2) "Explosive" means any chemical compound that is commonly used or intended for the purpose of producing a destructive effect and which contains compounds or ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion, or a detonator of any part of the compound or mixture may cause a destructive effect on surrounding objects or persons. (3) Reckless or malicious use of explosives is a Class C offense over which the Tribes have exclusive jurisdiction. 2-1-1207. Possession of a destructive device. (1) A person who, with the purpose to commit a Class E offense, has in his or her possession any destructive device on a public street or highway, in or near a theater, hall, school, college, church, hotel, Tribally-owned building, or any other public building, or private habitation, in, on or near any aircraft, railway passenger train, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings is guilty of the offense of possession of a destructive device. (2) "Destructive device" as used in this section includes, but is not limited to the following weapons:
(3) Possession of a destructive device is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana.
(1) A person commits the offense of possession of explosives if he or she possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and
(2) Possession of explosives is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana.
(1) A person commits the offense of possession of a silencer if he or she possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose. (2) Possession of a silencer is a Class E offense over which the Tribes have concurrent jurisdiction with the State of Montana.
(1) A person commits the offense of possession of a sawed-off firearm if he or she knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:
(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber. (3) This section does not apply to firearms possessed:
(2) Possession of a sawed-off firearm is a Class D offense over which the Tribes have exclusive jurisdiction.
(2) Firearms may be discharged at an indoor or outdoor rifle, pistol, or shotgun shooting range located within the limits of a town, city, Tribal housing or community area, or an enclosure that contains a private dwelling. (3) Subsection (1) does not apply if the discharge of a firearm is justifiable under Part 3 of this Chapter.
(2) "Public places" means any place to which the public, Tribal licensees or invitees, or any group of substantial size has access. (3) Any parent, guardian, or other person having charge or custody of a minor child under the age of 14 years violating the provisions of this section is guilty of a Class A offense over which the Tribes have exclusive jurisdiction and which will be heard in Tribal Traffic Court.
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2-1-1301. Violation of Montana traffic laws. (1) A person commits a traffic violation by violating any law contained in the following sections of the Montana Code Annotated:
(2) Subsection (1) of this section is subject to the following conditions:
(3) The penalties imposed by the Tribal Court for traffic violations shall be those set forth in the above referenced sections of the Montana Code, except that no Tribal Court penalty may exceed one year labor or jail time or a fine of $5,000, or both.
2-1-1303. Tribal Driver Improvement Program. Nothing in this Part shall prohibit the Tribes from developing and instituting their own driver improvement program to allow for reinstatement of driving privileges for Tribal members.
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(1) A person commits a drug violation by violating any provision in Chapter 9 of Title 45 of the Montana Code Annotated. (2) The Tribes will have exclusive jurisdiction over any misdemeanor offense in Chapter 9 of Title 45 of the Montana Code Annotated. (3) Any offense classified as a misdemeanor under subsection (2) above is a Class D offense over which the Tribes have exclusive jurisdiction. (4) The Tribes and the State of Montana shall have concurrent jurisdiction over any felony offense in Chapter 9 of Title 45 of the Montana Code Annotated and which shall be classified as a Class E offense.
(2) In determining whether an object is drug paraphernalia, the Tribal Court shall consider, in addition to all other logically relevant factors, the following:
(3) A person commits the offense of criminal possession, manufacture, delivery, or advertisement of drug paraphernalia if he or she knowingly
(4) A violation of subsection (3)(a),(b),(c), or (d) is a Class C offense over which the Tribes have exclusive jurisdiction. (5)
Practitioners and agents acting in the course of a professional practice
are exempt from this section. |