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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 9

PENAL CODE


SECTION 60 ABDUCTION.

Any Indian who shall willfully take away or detain another person against his will or without the consent of the parent or other person having lawful care or charge of him/her shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 1.

SECTION 61 ADULTERY.

Any Indian who shall have sexual intercourse with another person, either of such persons being married to a third person, shall be deemed guilty of adultery and upon conviction thereof, shall be sentenced to labor for a period not to exceed six months or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 2.

SECTION 62 ASSAULT.

Any Indian who shall attempt or threaten bodily harm to another person through unlawful force or violence shall be deemed guilty of assault and upon conviction thereof, shall be sentenced to labor for a period not to exceed five (5) days, or to a fine not to exceed ten dollars ($10.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 3.

SECTION 62.1 ASSAULT - CLASS A.

Any person who shall threaten bodily harm to another person through unlawful force or violence shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed ten (10) days, or to a fine of not less than ten dollars ($10.00) nor more than seventy-five dollars ($75.00), or to both such imprisonment and fine, with costs.

Hist : 1937 Ord. #79-03 .

SECTION 62.2 ASSAULT - CLASS B.

Any person who shall attempt to commit harm to another person through unlawful force or violence shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period of not less than five (5) days and not more than twenty-five (25) days, or to a fine of not less than twenty-five dollars ($25.00), nor more than two hundred dollars ($200.00), or to both such imprisonment and fine, with costs.

Hist: Ord. # 79-03.

SECTION 62.3 ASSAULT - CLASS C.

Any person who shall attempt or threaten to commit bodily harm through the unlawful use of a weapon shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period of not less than thirty (30) days and not to exceed one hundred (100) days, or to a fine of not less than one hundred and twenty dollars ($120.00) nor more than three hundred dollars ($300.00), or to both such imprisonment and fine, with costs.

Hist: Ord. # 79-03.

SECTION 62.4 ASSAULT - CLASS D.

Any person who shall attempt or threaten to commit bodily harm to another through the unlawful use of a firearm shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period of not less than sixty (60) days, nor more than one hundred and fifty (150) days, or to a fine of not less than one hundred and eighty dollars ($180.00) nor more than four hundred dollars ($400.00), or to both such fine and imprisonment, with costs.

Hist: Ord. #79-03.

SECTION 62.5 ASSAULT - CLASS E.

Any person who shall attempt or threaten to commit bodily harm to another through the unlawful use of a restricted firearm shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period of not less than ninety (90) days nor more than one hundred and eighty (180) days, or to a fine of not less then two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or both such imprisonment and fine, with costs.

Hist: Ord. #79-03 .

SECTION 63 ASSAULT AND BATTERY.

Any Indian who shall willfully strike another person or otherwise inflict bodily injury, or who shall be offering violence cause another to harm himself shall be deemed guilty of assault and battery, and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 4.

SECTION 63 (A)-(B) CHILD ABUSE.

(a) Cruelty to or abuse of child unlawful - Deprivation of necessities - It shall be unlawful for any person willfully, negligently, or unnecessarily to expose, torture, torment, cruelly punish or willfully neglect any child under eighteen (18) years of age, or to deprive such child of necessary food, clothing, shelter or medical attention.

(b) Any person who willfully inflicts upon a child cruel or inhuman corporal punishment or injury resulting in a traumatic condition, is guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #77-01

SECTION 63.01 ASSAULT AND BATTERY - CLASS A.

Any person who shall willfully strike another person or who shall be offering violence cause another to harm himself shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed ten (10) days, or to a fine not to exceed ten dollars ($10.00), or to both such fine and imprisonment, with costs.

Hist : Ord. #79-03 .

SECTION 63.02 ASSAULT AND BATTERY - CLASS B .

Any person who shall willfully inflict bodily injury to another person or who shall be offering violence cause another to harm himself shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not less than twenty-five (25) days nor more than on hundred (100) days, or to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #79-03.

SECTION 63.03 ASSAULT AND BATTERY - CLASS C.

Any person who shall willfully inflict bodily injury to another person through the unlawful use of a weapon shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period of not less than sixty (60) days nor more than one hundred and twenty (120) days, or to a fine of not more than seventy-five dollars ($75.00) nor more than one hundred and fifty dollars ($150.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #79-03.

SECTION 63.04 ASSAULT AND BATTERY - CLASS D.

Any person who shall willfully inflict bodily injury to another person through the unlawful use of a firearm shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period of not less than ninety (90) days nor more than one hundred and fifty (150) days, or to a fine of not less than one hundred and fifty dollars ($150.00) nor more than four hundred dollars ($400.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #79-03.

SECTION 63.05 ASSAULT AND BATTERY - CLASS E.

Any person who shall willfully inflict bodily injury to another person through the unlawful use of a restricted firearm shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period of not less than one hundred and twenty (120) days nor more than one hundred and eighty (180) days, or to a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00), or to both such fine and imprisonment, with costs.

Hist: Ord. #79-03.

SECTION 63.1 ASSISTING OFFENDERS.

Any Indian who, with the intent of defeating justice, knowingly and willfully assists any violator of any provision of this Code in evading arrest shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, or to a fine not to exceed one hundred and eighty dollars ($180.00), or to both such imprisonment and fine, with costs.

Hist: Res. #60-26.

SECTION 64. BASTARDY.

Any male Indian who has sexual intercourse with an unmarried woman and as a result thereof, she become pregnant or delivers a child, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced by the Court to pay a sum of money not to exceed three hundred and sixty dollars ($360.00) per year for ten (10) years for the support, maintenance, and education of said child.

SECTION 65. BRIBERY.

Any Indian who shall give or offer to give money, property or services, or anything else of value to another person with corrupt intent to influence another in the discharge of his public duties or conduct; or any Indian who shall accept, solicit or attempt to solicit any bribe, as above defined, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs; and any Tribal office held by such person shall be forfeited.

Hist: 1937 Code, Ch. 6, Sec. 6.

SECTION 66 CARRYING CONCEALED WEAPONS.

Any Indian who shall go about in public places armed with a dangerous weapon concealed upon his person, unless he shall have a permit signed by a Judge of the Oglala Sioux Tribal Court and countersigned by the Superintendent of the Reservation, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days or a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs; and the weapon so carried may be confiscated.

Hist: 1937 Code, Ch. 6, Sec. 7.

SECTION 66.1 FIREARMS CONTROL.

(1) Definitions. As used in this Ordinance, the following terms shall have the following meanings:

(a) Prohibited Firearm - The term "prohibited firearm" means:

1. A shotgun having a barrel or barrels of less than 18 inches in length;

2. A weapon made from a shotgun if such weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

3. A rifle having a barrel or barrels of less than 16 inches in length;

4. A weapon made from a rifle if such weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

5. Any other weapon as defined in subsection (c);

6. A machine gun;

7. A muffler or a silencer for any firearm whether or not such firearm is included within this definition; and

8. A destructive device.

(b) Machine Gun - The term "machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapons, any combination of parts designed for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(c) Rifle - The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fixed from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

(d) Shotgun - The term "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number or projectiles (ball shot) or a single projectile for each pull of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(e) Any other Weapon - The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol, a revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either which may be easily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

(f) Destructive Device - The term "destructive device" means

1. Any explosive, incendiary, or poison gas;

a. bomb,

b. grenade,

c. rocket having a propellant charge of more than four ounces,

d . missile having an explosive or incendiary charge of more than one-quarter ounce,

e. mine, or

f . other similar device.

2. Any type of weapon by whatever name which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore or more than one-half inch in diameter, except a shotgun or shotgun shell which is generally recognized as particularly suitable for sporting purposes; and

3. Any combination of the parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.

(2) Possession of Certain Firearms Prohibited. No person shall, within the Pine Ridge Reservation of the Oglala Sioux Tribe, own, possess, or transport any prohibited firearms, or destructive devices, or any other weapon, other than any duly appointed law enforcement officer when such officers are on duty and enforcing law and order on the Pine Ridge Reservation.

(3) Penalties. Any person subject to the jurisdiction of the Oglala Sioux Tribe who violates Section 2 thereof shall be guilty of an offense, and upon conviction thereof, shall be sentenced to labor for a period not to exceed ninety (90) days, or to pay a fine not to exceed three hundred dollars ($300.00), or to both such fine and imprisonment, with costs; end such prohibited firearm shall be subject to forfeiture by the Oglala Sioux Tribal Court.

(4) Exclusion. Any person who is not subject to the jurisdiction of the Oglala Sioux Tribe who violates Section. 2 hereof shall be subject to removal from the Pine Ridge Reservation upon issuance of a written order of exclusion by the Court; after a hearing upon reasonable notice, pursuant to Art. IV, Sec. 1, of the Tribal Constitution and Ordinance No. 73-08, as amended.

(5) Interpretation. The terms used in this ordinance are intended to prohibit the possession, ownership or transportation within the Pine Ridge Reservation or any firearm which is subject to registration with the National Firearms Registration and Transfer Board pursuant to provisions of the Act of October 22, 1968, 82 Stat. 1229, 26 U.S.C., Section 5841, or any successor provision of Federal law. In applying definitions set forth herein, reference shall be made to regulations and interpretations of the Secretary of the Treasury pursuant to that Act.

(6) Antique Weapons Exception. This Section shall not apply to antique firearms, falling within the definition of subsection (1) above, unsuitable for use as firearms and possessed as curiosities or ornaments or collector's items.

(7) Crime Committed or Attempted with Prohibited Firearm - Punishment. If any person shall commit or attempt to commit any crime when armed with a prohibited firearm or any other weapon or destructive device, he shall in addition to the punishment provided for crime, upon conviction of the commission of a crime when armed with a prohibited firearm, be punished for the first offense by a fine of not more than three hundred dollars ($300.00), or to imprisonment and labor for not more than ninety (90) days, or both such fine and imprisonment, with costs; and in the second such offense by a fine not to exceed five hundred dollars ($500.00), or to imprisonment and labor for not more than one hundred and eighty (180) days, or both such fine and imprisonment, with costs; and such conviction shall be consecutive to any other sentence imposed upon him.

(8) Person Convicted of a Crime of Violence - Owning or Possessing Prohibited Firearm - Punishment. Any person who has been convicted of a crime of violence in this Reservation, State of South Dakota or elsewhere who owns, controls or has in his possession, a prohibited firearm, or any other weapon or destructive device shall, in addition to the punishment provided for the crime of possession, pursuant to subsection 2 of this ordinance, be punished for the first offense by a fine of not more than three hundred dollars ($300.00), or to imprisonment and labor for not more than ninety (90) days, or both such imprisonment and fine, with costs; and for the second such offense, by a fine not to exceed five hundred dollars ($500.00), or to imprisonment and labor for not more than one hundred and eighty (180) days, or both such imprisonment and fine, with costs; and such punishment shall be consecutive to any other sentence imposed upon him.

Hist: Ord. #77-14

SECTION 67. MINOR CARRYING FIREARM OR GUN.

Any Indian under the age of eighteen (18) years, who shall go about anywhere within the Pine Ridge Reservation, armed with a shotgun, rifle, pistol, airgun or other firearms, unless his parent or guardian shall have obtained a permit therefor, signed by a Judge of the Oglala Sioux Tribal Court and countersigned by the Superintendent of the Reservation, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced in the discretion of the Court.

Every parent or guardian, on applying for a permit, shall agree to pay all damages to persons or property resulting from the use of the firearms in the hands of the person for whom the permit has been issued. Any gun seized for violation of the foregoing section may be confiscated.

Hist: Ord. #41.

SECTION 68. CRUELTY TO ANIMALS.

Any Indian who shall torture or cruelly mistreat any animal, shall be deemed guilty of an offense and shall be sentenced to labor for a period not to exceed thirty (30) days or to a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 8.

SECTION 69. CONTRIBUTING TO THE DELINQUENCY OF A MINOR.

Any Indian who shall willfully contribute to the delinquency of any minor shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 9.

SECTION 70. CUTTING GREEN TIMBER WITHOUT A PERMIT.

Any Indian who, without first securing a proper permit, cuts any standing green timber off any Indian Trust Allotment, except for the personal use of the allottee, or Tribal land, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 10.

SECTION 71. DESTROYING EVIDENCE.

Any Indian who shall willfully and knowingly destroy any evidence that could be used in the trial of a case with the intent to prevent same from being used is guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 11.

SECTION 72. DISOBEDIENCE TO LAWFUL ORDER OF COURT AND CONTEMPT OF COURT.

Any Indian who shall:

(a) Willfully disobey any lawful order, subpoena, warrant or command duly issued by the Oglala Sioux Tribal Court or any officer thereof; or

(b) Display disorderly, contemptuous or insolent behavior toward the Judge while holding Court, tending to interrupt the judicial proceedings or impair the respect due the Judge's authority; or

(c) Breach the peace through boisterous conduct or violent disturbance in the presence of the Judge or in the immediate vicinity of the Court, tending to interrupt the judicial proceedings; or

(d) Use abusive language in the Court while the Court is in session;

Shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, or to a fine not to exceed one hundred and eighty dollars ($180.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 12, as amended by Res. #60-26.

SECTION 73. DISPOSING OF PROPERTY OF AN ESTATE.

Any Indian, who without proper authority sells, trades or otherwise disposes of any property of an estate before the determination of the heirs shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, or to a fine not to exceed one hundred and eighty dollars ($180.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code Ch. 6, Sec. 13.

SECTION 74. DISORDERLY CONDUCT.

Any Indian who engages in any of the following acts shall be deemed guilty of disorderly conduct and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such imprisonment and fine, with costs. That, any person who is arrested for a violation of this Ordinance three (3) times or more shall be ordered by the Court to report to Alcoholism Programs for counseling.

(a) Fighting in a public place;

(b) Disturbing or annoying any public or religious assembly;

(c) Using profane or obscene language in a public place;

(d) Appearing in a public or private place in an intoxicated condition;

(e) Entering the dwelling place of another and using abusive or vulgar language directed to the occupants of said dwelling;

(f) Entering the land or premises of another for the purpose of invading the privacy of the occupants of any dwelling or enclosure located thereon, by looking into any window, door or, other aperture of such dwelling or enclosure;

(g) Committing any other act of public indecency or immorality.

Hist: 1937 Code, Ch. 6, Sec. 14, as amended by Res #60- 26, Ord. 86-12, Ord. 12.

SECTION 75. EMBEZZLEMENT.

Any Indian who shall, having lawful custody of property not his own, appropriate the same to his use with intent to deprive the owner thereof, shall be deemed guilty of embezzlement and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs.

SECTION 76. ESCAPE.

Any Indian who being in lawful custody, for an offense shall escape or attempt to escape, or assist or attempt to permit or assist another person to escape from lawful custody shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 16.

SECTION 77. EXTORTION.

Any Indian who shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any money, goods, property or anything else of any value, shall be deemed guilty or extortion and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, See. 18.

SECTION 78. FAILURE TO SUPPORT DEPENDENT PERSONS.

Every Indian who shall, because of habitual intemperance or gambling, or for any other reason, refuse or neglect to furnish good shelter, or care to those dependent upon him, including any dependent children born out of wedlock, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, for the benefit of such dependents, or to a fine not to exceed one hundred and eighty dollars ($180.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 18.

SECTION ?9. FAILURE TO SEND CHILDREN TO SCHOOL.

Every Indian having under his control, a child of the age of six (6) to eighteen (18) shall cause such child to attend regularly, until completion of the eighth (8th) grade, some public or private school for the entire term during which school is in session, unless such child is excused from such attendance.

Any Indian who fails to comply with the requirements of this Section shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed ten (10) days, or to a fine not to exceed twenty dollars ($20.00), or to both such imprisonment and fine, with costs, for the first offense. For any subsequent offense, such Indian shall be sentenced to labor for a period not to exceed twenty (20) days, or to a fine not to exceed forty dollars ($40.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 19, As amended by Res. #60-26.

SECTION 80. FALSE ARREST.

Any Indian who shall willfully and knowingly make, or cause to be made, the unlawful arrest, detention, or imprisonment of another person, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three hundred dollars ( $300 . 00) , or to both such imprisonment and fine, with costs.

Hist: 183? Code, Ch. 6, Sec. 20.

SECTION 81. FRAUD.

Any Indian who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures obtain any money or other property shall be deemed guilty of fraud and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

SECTION 82. FORGERY.

Any Indian who shall, with intent to defraud, falsely sign, execute or alter any written instrument, shall be deemed guilty of forgery and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 22.

SECTION 83. GAMBLING. (REPEALED).

Hist: 1937 Code, Ch. 6, Sec. 23. SEE: Ordinance 85-29

SECTION 84 GIVING VENEREAL DISEASE TO ANOTHER.

Any Indian who shall infect another person with a venereal disease shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, or to a fine not to exceed one hundred and eighty dollars ($180.00), or both such imprisonment and fine, with costs. The Oglala Sioux Tribal Court shall have authority to order and compel the medical examination and treatment of any person found to be afflicted with any communicable disease.

Hist: 1937 Code, Ch. 6, Sec. 24. 

SECTION 85. ILLEGAL SALE AND PURCHASE OF ID STOCK AND OTHER TRUST PROPERTY.

Any Indian who sells or buys or in any way disposes of or acquires any livestock branded with the ID or Reservation brand or the increase thereof, without proper permit, or any trust or reimbursable property in violation of Government regulations shall be deemed guilty of an offense and upon conviction, shall be sentenced to labor for a period not to exceed three (3) months or to a fine not to exceed one hundred and eighty dollars ($180.00), or to both such fine and imprisonment, with costs. The Court may order such property or stock sold for the benefit of the Tribe.

Hist: 1937 Code, Ch. 6, Sec. 25.

SECTION 86. ILLICIT COHABITATION.

Any Indian who shall live or cohabit with another as husband and wife not then and there being married shall be deemed guilty of illicit cohabitation and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00) or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 26.

SECTION 87. INJURY TO PUBLIC PROPERTY.

Any Indian who shall without proper authority, use or injure any public, government or Tribal property shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 27.

SECTION 88.01 LIQUOR VIOLATION.

Any Individual who shall possess, transport or manufacture beer, wine, whiskey, or any article whatsoever which produces alcoholic intoxication be deemed guilty of an offense and upon conviction shall be sentenced to labor for not to exceed sixty days or a fine not to exceed $100, or both, with costs.

SECTION 88.02 LIQUOR SALE OR TRADE.

Any individual who sells or trades any beer, ale, wine, whiskey, or any article which produces alcoholic intoxication in a manner not rendered lawful by the provisions of the Oglala Sioux Tribal Liquor Control Ordinance (Ord. #68-03 and #69-22), or who sells or trades same without a validly issued license to do so by the Oglala Sioux Tribal Council shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced and fined according to the following schedule:

(1) First Offense - Upon conviction; to be sentenced to a minimum of sixty (60) days imprisonment, not to exceed on hundred and eighty (180) days imprisonment, and be fined a minimum of one hundred and fifty dollars ($150.00), not to exceed five hundred dollars ($500.00), plus court costs.

(2) Second Offense - Upon conviction; to be sentenced to a minimum of ninety (90) days imprisonment, not to exceed one hundred and eighty (180) days imprisonment, and be fined a minimum of three hundred dollars ($300.00), not to exceed five hundred dollars ($500.00), plus court costs.

(3) Third Offense - Upon conviction; to be sentenced to a minimum of one hundred and sixty (160) days imprisonment, not to exceed one hundred and eighty (180) days imprisonment, and to be fined a minimum of four hundred and seventy-five dollars ($475.00), not to exceed five hundred dollars ($500.00), plus court costs.

(4) Fourth Offense - Upon conviction; to be remanded to the authority of the Federal Court for prosecution under the Federal Liquor laws.

Any person charged with violation of Section 88.02 may exercise his Constitutional right to bail or bond in which case the bond shall be set at a minimum rate of 150 percent of the minimum fine for each offense, not to exceed 150 percent of the maximum fine

(1) First Offense - $225.00 bond or bail - $750.00

(2) Second Offense - $450.00 bond or bail - $750.00

(3) Third Offense - $712.50 bond or bail - $750.00

Bail or bond to be refunded in the event the defendant is acquitted and to be applied to the court fine in the event of conviction by the Court or by a jury; and to apply the fine when the defendant enters a plea of "guilty" or "nolo contendere."

Any person charged by Tribal Court with violation of Sec. 88.02 may exercise his Constitutional right to a trial by jury after posting, in addition to bail or bond set forth above, a jury bond of $50.00; to be refunded in event the defendant is acquitted and applied to the court costs in the event of conviction by jury.

Any conviction under Section 88.01 and 88.02 shall be consecutive to any other sentence imposed upon him by the Court.

Hist: Res #78-17

SECTION 89. MALICIOUS MISCHIEF.

Any Indian who shall maliciously disturb, injure or destroy any livestock or other domestic animals or other property, shall be deemed guilty of malicious mischief and upon conviction shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 29.

SECTION 90. MAINTAINING A PUBLIC NUISANCE.

Any Indian who shall act in such a manner, or permit his property to fall into such condition as to injure or endanger the safety, health, comfort, or property of his neighbors, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed five (5) days, or to a fine not to exceed ten dollars ($10.00), or to both such imprisonment and fine, with costs; and may be required to remove such nuisance when so ordered by the Court.

SECTION 91. MISBRANDING.

Any Indian who shall knowingly and willfully misbrand or alter any brand or mark on any livestock of another person shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 31.

SECTION 92. OPERATING A PUBLIC DANCE HALL.

Any Indian or group of Indians who operate or maintain a public dance hall within the Pine Ridge Reservation without first having paid a fee not to exceed five dollars per year, for a license, which license shall require the operator to comply with the laws of the State of South Dakota with reference to the opening and closing and having an officer in attendance, shall be deemed guilty of an offense and upon conviction, shall be sentenced to labor for a period not to exceed thirty days, or to a fine not to exceed sixty dollars ($60.00), or both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 32.

SECTION 93. MINOR OPERATING MOTOR VEHICLE.

Hist: Repealed by Ordinance 79-06.

SECTION 94. PERJURY.

Any Indian who shall willfully and deliberately, in any Tribal election or judicial proceeding in Court of the Oglala Sioux Tribe, falsely swear or interpret or make a sworn statement or affidavit knowing the same to be untrue, or induce or procure another person to do so, shall be sentenced to labor not to exceed three (3) months, or a fine not to exceed three hundred dollars ($300.00), or both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 34; Ord #?3-09.

SECTION 95. PROSTITUTION.

Any Indian who shall practice prostitution or who shall knowingly keep, maintain, rent or lease house, room or tent or other place for purpose of prostitution shall be deemed guilty of an offense and upon conviction, shall be sentenced to labor for a period not to exceed 6 months, or a fine not to exceed three hundred and sixty dollars ($360.00) or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 35.

SECTION 96. RECEIVING STOLEN PROPERTY.

Any Indian who shall receive or conceal or aid conceal or receiving any property knowing the same to be stolen, embezzled or obtained by fraud or false pretenses, robbery or burglary, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed three (3) months, or to a fine not to exceed one hundred dollars ($100.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 36.

SECTION 97. RESERVE (Former Sec. 97, Reckless Driving repealed by Ord. #58-5. See Chapter 10A.)

SECTION 98. REFUSING AID TO OFFICER.

Any Indian who shall neglect or refuse, when called upon by an Indian police officer of the U.S. Indian Service, to assist in the arrest of a person charged with or convicted of an offense or in securing an offender when apprehended or in conveying offender to nearest place of confinement shall be deemed guilty of an offense and upon conviction, sentenced to labor for a period not to exceed 10 days of to a fine not to exceed $20.00 or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 37.

SECTION 99. RESISTING LAWFUL ARREST.

Any Indian who shall willfully and knowingly, by force or violence, resist or assist another person to resist a lawful arrest shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs.

SECTION 99.1 VIOLENCE TO POLICE OFFICERS, IHS AND BIA SECURITY GUARDS AND OST PARKS AND RECREATION AUTHORITY RANGERS AND JUDGES.

Any person who shall willfully or knowingly, by force or violence, render physical abuse to a Tribal Officer, IHS and BIA Security Guards and Parks and Recreation Authority Rangers and Judges of the Oglala Sioux Tribal Court, shall be deemed guilty of an offense, and upon conviction thereof, shall be sentenced to labor for a period of not more than 180 days mandatory (non-suspendable) and a fine of $500.00.

Hist: Ord. #81, 1951. Amended by Ordinance 95-12.

SECTION 99.2 DOMESTIC ABUSE CODE.

Section 1. Title.

The DOMESTIC ABUSE CODE is effective October 1, 1995.

Section 2. Definitions.

As used in this code, the following terms shall have the meanings given below:

(a) "Abuse" means physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault.

(b) "Spouse" means a person with whom the victim is currently living or who has lived with the victim in the past, regardless of whether they are/were married, or, a person with whom the victim has a child in common regardless of whether they have been married or have lived together at any time. Note, then that "spouse" is not restricted to the narrow sense implied by legal marriage for the purposes of this code.

Section 3. Mandatory Arrest Provision.

(a) An officer shall arrest and take into custody persons whom the officer has probable cause to believe assaulted another person with whom he/she is residing with or has formerly resided with. No warrant is required to make an arrest under Section 3 of this ordinance.

Note: Probable cause is defined as follows: Based on the officer's observations and statements made by the parties involved and witness (if any) the officer using reasonable judgment believes an assault did occur and the person to be arrested committed the assault. This mandatory arrest provision means that the victim need not sign a complaint for an arrest to occur. Further, under the provisions of (a) above, an officer shall arrest under probable cause even though it may be against the expressed wishes of the victim.

(b) An officer shall arrest and take into custody a person whom the officer has probable cause to believe has violated an order for protection restraining the person from contact with the victim or excluding the person from the residence if the existence of the order can be verified by the officer.

Note: Regardless whether or not the person violating the order was invited back into the home, an arrest shall be made. Thus, when the court issues such an order it should inform the excluded party that the court must formally change the order in order for him/her to return to the residence.

(c) An officer shall arrest if there was a threat with a dangerous weapon.

(d) An officer may arrest when responding to a call involving persons (of any age) residing together or who have resided together in the past if the officer has probable cause to believe that the alleged assailant has within the past twenty-four hours placed the alleged victim in immediate fear of bodily harm.

(e) Whenever an officer investigates an allegation that an incident described in (a) , (b), (c) or (d) above, whether or not an arrest is made, the officer shall make a written report of the alleged incident and submit that report to the Prosecutor. The Prosecutor shall forward copies of all written reports to the Sacred Shawl Women's Society within 48 hours of reports of domestic abuse.

(f) In all domestic assault arrests, an attempt should be made as soon as possible to interview the Defendant. The interview will be done by an officer or criminal investigator or by other criminal justice official designated by the Prosecutor.

(g) Immediately following a domestic related arrest, the officer shall advise victims of the availability of the Sacred Shawl Society and other Domestic Violence projects and give legal rights and service cards to victims. In addition, the officer shall advise the victim that an advocate will contact him/her to explain the legal and service options available. The officer shall also request that the jailer contact Sacred Shawl or Indian Health Service immediately following the booking procedure and inform them that an arrest has been made.

Section 4. Role of the Court in Regard to the Mandatory Arrest Provision (Section 3, above).

(a) Anyone arrested under this ordinance shall be held until arraignment.

(b) Prior to the release of the defendant a community volunteer will talk with him/her and discuss the availability of domestic violence groups.

(c) The defendant is arraigned.

(d) If the defendant enters a not guilty plea, or any other plea other than guilty, an advocate for the victim will assist him/her in the preparation of an order for protection temporarily excluding the other from the home and restraining the defendant from any contact with the victim. If the defendant pleads guilty, a presentence investigation is ordered and the victim, either personally or through the shelter advocate, communicates his/her concerns to the court.

(e) Sentences shall be 30 to 60 days in jail. The judge may suspend imposition of sentence for the first offense. When sentences are suspended there must be complete cooperation with the orders of the court requiring cooperation with the domestic violence program.

(f) If alcohol or drugs play a part in the abuse, a chemical dependency evaluation and complete cooperation with any recommendation for treatment made will be ordered.

(g) The assailant shall be ordered to participate in the appropriate domestic violence program and must:

(1) attend an intake session for evaluation and placement in a group for domestic violence. This will be accomplished by an advocate of Sacred Shawl Women's Society or other domestic violence program not later than 10 calendar days after sentencing.

(2) Attend a minimum of 12 re-education sessions out of 14 consecutive sessions and attend a minimum of 12 counseling sessions out of 14 consecutive sessions. These sessions will begin immediately following the intake session (see (1) above). The counselor shall submit a record of attendance to the Clerk of Courts. The Clerk of Courts shall maintain a record of attendance.

(h) In cases of failure to comply the court will find the assailant in contempt and shall impose all or some of the original suspended jail sentence and again require the assailant to complete the complete group program upon his release from jail.

Failure to attend counseling, violation of an order for protection, or commission of a crime of violence during the order for protection period, will result in immediate review of the case by the court.

(i) Upon any second or subsequent offense offenders shall be sentenced to at least sixty days in jail, not to exceed the maximum penalty the O.S.T. can apply. After serving their sentence, or during their time in jail if there is an available domestic abuse program, they must complete the domestic violence counseling as described in (g. 2) above.

Section 5. Order for Protection.

There will exist an order for protection in cases of domestic abuse.

(a) A petition for relief under this section maybe made by any family or household member on behalf of himself or herself or on behalf of minor family or household members.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(c) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition or other action between the parties.

(d) The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.

(e) The court shall advise a petitioner of the rights to file a motion and affidavit and to sue without cost and shall assist with the writing and filing of the motion and affidavit. No one shall be denied the right to file because of inability to pay fees. All fees shall be waived if the petitioner indicates that he/she has no available funds.

Section 6. Hearing on Application, Notice.

(a) Upon receipt of the petition, the court shall order a hearing, which shall be held not later than 14 days from the date of the order. Personal service shall be made upon the respondent not less than five days prior to the hearing. In the event that personal service cannot be completed in time to give the respondent the minimum notice required under this paragraph, the court may set a new hearing date.

(b) Notwithstanding the provisions of paragraph (a) above, service may be made by one week published notice provided the petitioner files with the court an affidavit stating that an attempt at personal service made by a law enforcement official was unsuccessful because the respondent is avoiding service by concealment or otherwise, and that a copy of the petition and notice of hearing has been mailed to the respondent at the respondent's residence or that the residence is not known to the petitioner. Service under this paragraph is complete seven days after publication. The court shall set a new hearing date if necessary to allow the respondent the five day minimum notice required under paragraph (a) above.

Section 7. Relief by the Court.

(a) Restrain the abusing party from committing acts of domestic abuse.

(b) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner and restrain the abusing party from any contact with the victim.

(c) Award temporary custody or establish temporary visitation with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children. If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration or supervision or deny visitation entirely, as needed to guard the safety of the victim and the children. The court's deliberation under this section shall in no way delay the issuance of an order for protection.

(d) Provide upon request of the petitioner counseling or other social services for the parties.

(e) Order the abusing party to participate in treatment or counseling services.

(f) Award temporary use and possession of property and restrain one or both parties from transferring, encumbering, concealing or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court.

(g) Order, at its discretion, other relief as it deems necessary for the protection of a family or household member, including orders or directives to the public safety division of the Oglala Sioux Tribe. Any relief granted by the order for protection shall be for a fixed period not to exceed one year, except when the court determines a longer fixed period is appropriate.

Section 8. Standing Order for Protection.

(a) Where an application under this section alleges an immediate and present danger of domestic abuse a standing order for protection will exist, pending a full hearing, and granting relief as the court deems proper, including an order:

(1) restraining the abusing party from committing acts of domestic abuse;

(2) excluding the abusing party from the dwelling they share or from the residence of the other, and from any contact with the victim except by further order of the court.

(b) A standing order for protection shall be effective for a fixed period not to exceed 14 days, except for good cause as provided under paragraph (c) below. A full hearing, as provided by this section, shall be set for not later than seven days from the issuance of the standing order. The respondent shall be served forthwith a copy of the standing order along with a copy of the petition and notice of the date set for the hearing. 

(c) When service is made by published notice, as provided under Section 6 (b) above, the petitioner may apply for an extension of the period of the standing order at the same time the petitioner files the affidavit required under that section. The court may extend the standing order for an additional period not to exceed 14 days. The respondent shall be served forthwith a copy of the modified standing order along with a copy of the notice of the new date set for the hearing.

Section 9 . Service of Order for Protection.

Orders are to be served personally upon the respondent by a police officer. If the respondent cannot be located the order will be mailed by certified mail to the respondent's last known address.

Section 10. Assistance of Public Safety In Service or Execution.

When an order for protection is issued, upon request of the petitioner, the court shall order the police to accompany the petitioner and to assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in execution or service to the order of protection.

Section 11. Right To Apply For Relief.

A person's right to apply for relief shall not be affected by his or her leaving the residence or household to avoid abuse.

Section 12. Modification of Order for Protection.

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.

Section 13. Copy to Law Enforcement Agency.

An order for protection granted pursuant to this ordinance shall be forwarded by the Clerk of Courts within 24 hours to the tribal police with jurisdiction over the residence of the applicant. The Public Safety Commission shall make available to each officer information as to the existence and status of any order for protection issued under this section.

Section 14. Violation of an Order for Protection.

(a) Violation of an order by a respondent who has had notice of the order for protection is a misdemeanor.

(b) A police officer shall arrest without a warrant and take into custody a person whom the police officer has probable cause to believe has violated an order for protection, if the existence of the order can be verified by the officer.

(e) A violation of an order for protection shall also constitute contempt of court and be subject to attendant penalties.

(d) In the event of violation of a protection order, the mandatory arrest provision, Section 3 (b) et al. above, applies.

Section 15 . Reporting Requirements.

Any physician, physician's assistant, nurse, field health nurse, community health representative (CHR), social worker, parent aide, adult services worker, law enforcement officer, court worker, dentist, hospital intern or resident, alcohol program worker, or domestic violence program worker having reasonable cause to suspect that any person has been a victim of domestic abuse shall report or cause a report to be made in accordance with the provisions of Section 16 and 17 below. Any person hereinbefore described who fails to make a report required of him/her is guilty of an offense. Any person who knows, suspects or has reason to believe that a person has received physical or emotional injury or injuries as the result of domestic abuse shall make a report as is provided by law.

Any person convicted hereunder shall be sentenced to jail for a period not to exceed thirty (30) days or to a fine not to exceed one hundred dollars ($100.00), or to both imprisonment and fine, with costs.

SECTION 16. Domestic Abuse Reports by Hospital Personnel.

When the attendance of persons referred to in Section 15 above with respect to a person is pursuant to the performance of services as a member of a staff of a hospital or similar institution, such person shall forthwith notify the person in charge of the institution or his designated delegate, which person in charge or his delegate shall report or cause reports to be made in accordance with the provisions of Section 17 below. Any person in charge or delegate who knowingly and intentionally fails to make reports required of him/her is guilty of an offense and shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed one hundred dollars ($100.00) or to both such imprisonment and fine, with costs.

SECTION 17. Report to Law Enforcement Official or Tribal Court.

The report required by Sections 15 and 16 above shall be made orally and immediately by telephone or otherwise to a law enforcement officer or to a Prosecutor for the Oglala Sioux Tribal Court. Any court official receiving such a report will make an immediate report to a law enforcement official so that an investigation can be carried out in accord with Section 18 below.

SECTION 18. Investigation and Prosecution.

The Prosecutors of the Oglala Sioux Tribal Court, with the aide of tribal law enforcement officers, shall upon receipt of any report pursuant to Section 15 or 16 above, forthwith investigate. Such investigation shall not prohibit any other lawful action as may be provided by law.

SECTION 19. Immunity.

Anyone participating in good faith in the making of a report pursuant to Sections 15 through 18 above shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the same immunity with respect to participation in any court proceeding resulting from such a report.

SECTION 20. Contents of Report.

Any report required to be completed by this Ordinance shall consist of at a minimum:

(a) Name, age and address of alleged victim of domestic abuse.

(b) Name and address of alleged perpetrator.

(c) Nature and extent of the injuries suffered by the alleged victim.

(d) Name and address of any person(s) who might have been aware of the abuse.

(e) Date(s) and location(s) of when and where the alleged abuse occurred

(f) Any other pertinent information known to the person making the report

SECTION 21. Responsibilities of O.S.T. Public Safety.

(a) Written reports shall be filed on every domestic abuse report received (see Sections 3 (e) and 18) .

(b) Copies of all written reports of domestic abuse shall be forwarded to the Sacred Shawl Women's Society, in addition to the O.S.T. Court, within 48 hours of initial reports of domestic abuse.

(c) All judges, prosecutors, assistant prosecutors, O.S.T. Chief of Police, O.S.T. Police Lieutenants and all police officers shall be trained in domestic abuse work and shall be familiar with the Domestic Abuse and Elderly Abuse Codes. There shall be a minimum of one semester hour equivalent of training in domestic abuse, conducted by Oglala Sioux Lakota College or other accredited institution. All personnel presently holding positions noted in this paragraph shall receive the training within thirty days from the effective date of this ordinance. All new personnel holding positions noted in this paragraph shall receive the training within three months of their employment. In addition, all personnel holding positions noted in this paragraph shall have a minimum of four hours of refresher training in domestic abuse once every year.

SECTION 22. Follow-up Assessment.

(a) Follow-ups will be done at the end of the mandated 14 week session, 6 months after initial sentencing, and one year after initial sentencing.

(b) Public Health Service/Indian Health Service Mental Health shall do the assessment and shall forward a written copy of findings to the Clerk of Courts and to Sacred Shawl Women's Society. The Clerk of Courts shall place the assessment in the case file.

SECTION 23. Appellate Review.

Appellate Court shall not stay the execution of sentences under this ordinance but may review legal issues under its review powers. EXCEPTION: If the Appellate Court determines that legal grounds exist for review then and only then may it stay the execution of sentence, pending its review. The Appellate Court shall limit its review to questions of law, leaving factual questions to the court of original jurisdiction.

Any person who willfully or knowingly commits any act of physical or mental abuse which results in injury upon his or her spouse, shall be deemed guilty of an offense and upon conviction thereof shall be ordered to seek counseling with a recognized counselor for a period of no less than ninety (90) days. At the end of the ninety (90) day period, a report must be submitted by the counselor to the Court. If not report has been made or not counseling has been sought the offender shall be sentenced to jail for a period not to exceed six (6) months or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: Ord. #82-06, dtd. 7/23/82. Amended by Ordinance 89-06.

The Oglala Sioux Tribal Council approves of the training schedules to be offered within the next thirty (30) days concerning Section 99.2 DOMESTIC ABUSE CODE by Project Medicine Wheel and the Oglala Sioux Tribal Council requires that Oglala Sioux Tribal Court Judges, Prosecutor, Assistant Prosecutor, IHS Mental Health, OST Police Lieutenants and police officers attend said training schedules so that the proper implementation of Section 99.2 DOMESTIC ABUSE CODE can be affected. That any current ordinances that are in conflict with this amended ordinance are hereby rescinded. That if those mandated to attend the training session do not attend, they shall be reprimanded by their immediate supervisor.

Amended by Ordinance No. 95-08.

SECTIONS 99.3 and 99.4 - RESERVED.

SECTION 99.5 BRUTALITY BY POLICE OFFICER, JAILER, OR OTHER PERSON EMPLOYED BY THE POLICE DEPARTMENT.

Any person employed as a police officer, jailer, or acting under authority of the Police Department who, not acting in self defense, forcefully beats or enforces any person or who molests any person taken into custody, shall be guilty of an offense, and upon conviction thereof shall be subject to not more than six (6) months in jail, or a fine or not more than five hundred dollars, or to both, with costs. The fine and jail sentence shall be in addition to any disciplinary action required under P.L. 93-638 and any regulation promulgated thereunder and any other act of Congress which may be applicable. After conviction he/she will not be employed as a police officer, jailer, or act under the authority of the Public Safety Commission again.

Hist: Ord. #81-O1.

SECTION 100. THEFT.

Any Indian who shall take the property of another person with intent to steal, shall be deemed guilty of a theft and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 40.

SECTION 101. TRESPASS.

Any Indian who shall go upon or pass over any cultivated or other lands of another person and shall refuse to go immediately therefrom on the request of the owner or occupant, or who shall willfully and knowingly allow livestock to occupy or graze on the cultivated or other lands, shall be deemed guilty of an offense and upon conviction thereof, shall be punished by a fine not to exceed five dollars ($5.00), with costs; in addition to any award of damages for the benefit of the injured party.

Hist: 1937 Code, Ch. 6, Sec. 41.

SECTION 102. UNAUTHORIZED LEASING.

Any Indian who leases his land in violation of the leasing regulations shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 43.

SECTION 103. ASSAULT WITH INTENT TO COMMIT RAPE.

Any Indian who shall assault a female person with the intent to commit rape shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such imprisonment and fine, with costs.

SECTION 104. CARNAL KNOWLEDGE OF FEMALE UNDER SIXTEEN.

Any Indian who shall have sexual intercourse with any female under the age of sixteen (16) years, or any Indian who aids or permits any such violation shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 44.

SECTION 104.1 RAPE.

(a) Definitions:

(1) Rape is an act of sexual violence against a person, regardless of the degree of penetration.

(2) The general reputation and past conduct of a rape victim shall be immaterial and such evidence shall be inadmissible in a court of law.

(3) Rape committed upon the person of an individual under the age of sixteen (16) or upon the person of an individual who is deemed incompetent shall be rape in the first degree.

(4) Rape committed upon the person of an individual by means of force shall be rape in the first degree.

(b) Rape - First Degree. Any person who shall willfully and knowingly commit an act of rape upon the person of an individual under the age of sixteen (16), or upon the person of an individual who is deemed incompetent, or the use of force shall be deemed guilty of an offense of Rape in the First Degree and upon conviction thereof, shall be sentenced to labor for a period not to exceed one hundred and eighty (180) days, or to a fine not to exceed five hundred dollars ($500.00), or to both such fine and imprisonment, with costs.

(c) Rape - Second Degree. Any person who shall willfully and knowingly commit an act of rape upon the person of an individual shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed one hundred and eighty (180) days, or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #81-04

SECTION 104.2 SODOMY.

(a) Sodomy. Any person who shall commit sodomy against the person of an individual or against nature shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to labor for a period not to exceed one hundred and eighty (180) days or to a fine not to exceed, five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

(b) Sodomy of a Child. Any person who shall commit sodomy against the person of an individual under the age of sixteen (16) shall be subject to review by a psychiatrist or psychologist before such person shall be eligible for bond or bail; where such person is judged to be a continuing danger to the health and welfare of children under the age of sixteen (16), such person shall not be eligible for bail or bond until a pre-trial hearing.

(c) Failure to Report Sodomy of a Child. Any person who shall willfully fail to report an act of sodomy against a child shall be deemed guilty of an offense of sodomy and upon conviction thereof, shall be sentenced to labor for a period not to exceed one hundred and eighty (180) days, or to a fine not to exceed five hundred dollars ($500.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #81-03.

SECTION 105. CUTTING FENCE.

Any Indian who willfully cuts the wire of a fence belonging to another person shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor not to exceed sixty (60) days, or to a fine not to exceed one hundred and twenty dollars ($120.00), or to both, with costs.

Hist: 1937 Code, Ch. 6 Sec. 45.

SECTION 106. MARIJUANA.

Any Indian who shall plant, grow, cultivate, harvest, or gather, sell, barter, or give away or have in possession any Cannabis Idica or Cannabis Sativae, commonly known as Indian Hemp, Hashish or Marijuana shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

Hist: 1937 Code, Ch. 6, Sec. 46.

SECTION 106.00 CONTROLLED DRUGS AND SUBSTANCES

Definitions:

(a) "Controlled substance" -- a drug or substance listed in Section 106.01 of this Section.

(b) "Deliver" or "delivery" -- the actual, constructive, or attempted transfer of a controlled drug or substance whether or not there exists an agency relationship.

(c) "Distribute" -- to deliver a controlled drug or substance. "Distributor" -- A person who delivers a controlled drug or substance. Distribute shall include delivery by gift, barter, or exchange with or without consideration.

(d) "Imprisonment" -- Incarceration in the Tribal Correctional Facility.

(e) "Marijuana" -- All parts of a plant of genus cannabis, whether growing or not; the seeds thereof, resin extracted from any part of such plant; and every compound, manufacture, sale, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include fiber produced from mature stalks of such plant, or oil or cakes made from seeds of such plants.

(f) "Manufacture" -- The production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of a natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Manufacturer" - includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer.

(g) "Opiate" -- any controlled drug or substance having an addiction sustaining liability similar to morphine or being capable of conversion into a drug having such addiction sustaining liability.

(h) "Person" -- any corporation, association, partnership, or one or more individuals.

(i) "Produce" or "production" -- the manufacture, planting, cultivation, growing or harvesting of a controlled drug or substance.

(j) "Tribe" -- The Oglala Sioux Tribe.

SECTION 106.01 CONTROLLED DRUGS AND SUBSTANCES.

The following controlled drugs and substances are hereby declared to be controlled:

  1. Morphine
  2. Heroine
  3. Marijuana and marijuana derivatives
  4. Hashish and hash oil
  5. Lysergic acid diethylamide, commonly known as LSD
  6. Phencyclidine
  7. Mescaline
  8. Peyote, except that when used as a sacramental in services of the Native American Church in a natural state which is unaltered except for drying or curing and cutting or slicing, it is hereby accepted.
  9. Psilocybin
  10. Tetrahydrocannabinol, whether as that which occurs in marijuana in its natural and unaltered state or as a chemical synthetic.
  11. Opium, coca leaves, cocaine, and opiate
  12. Amphetamine
  13. Methamphetamine
  14. Methaqualone
  15. Phentermine
  16. Any substance which contains any quantity of the derivative of the barbituric acid
  17. Codeine
  18. Chlordiazepoxide (Librium)
  19. Diazepam (Valium)
  20. Dextropropoxyphene (Darvon)

The controlled substances listed in this section shall include any salt, compound derivative or preparation which is chemically equivalent or identical with any of the substances referred to in subdivisions (a) through (t), whether produced directly or indirectly from substance of vegetable origin or independently by means of chemical synthesis.

SECTION 106.02 UNLAWFUL POSSESSION OF CONTROLLED DRUG OR SUBSTANCE.

It shall be unlawful for any person to knowingly possess a controlled drug or substance as defined in this Chapter, unless such substance was obtained directly or pursuant to a valid prescription or order from a medical practitioner, while acting in the course of his professional medical or veterinary practice. Any person convicted for a violation of this section shall be punishable by imprisonment for a period not to exceed six (6) months, or a fine not to exceed five hundred dollars ($500.00), or by both such fine and imprisonment, with costs.

SECTION 106.03. POSSESSION OF MARIJUANA PROHIBITED.

It shall be unlawful for any person to knowingly possess marijuana. Possession of one (1) ounce or less of marijuana is possession in the second degree. Possession of more than one (1) ounce of marijuana is possession of marijuana in the first degree. Any person convicted of possession of marijuana in the second degree shall be punishable by imprisonment for a period of time not to exceed thirty (30) days, or by a fine of up to one hundred dollars ($100.00), or both such fine and imprisonment. A person convicted of possession of marijuana in the first degree shall be punishable by imprisonment for a period not to exceed six (6) months, or to a fine not to exceed five hundred dollars ($500.00), or both such imprisonment and fine, with costs.

SECTION 106.04 UNAUTHORIZED, UNLAWFUL MANUFACTURE, DISTRIBUTION OR DISPENSING OF A CONTROLLED SUBSTANCE.

It shall be unlawful for any person to manufacture, produce, distribute, or dispense a controlled substance unless such manufacture, distribution, or dispensing is done directly under or pursuant to a valid license for manufacturing or distribution or dispensing, or pursuant to a valid prescription or order from a medical or veterinary practitioner while acting in the course of his professional practice. Any person convicted of a violation of this section shall be subject to imprisonment not to exceed six (6) months, or to a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment, with costs.

SECTION 106.05 KEEPING A PLACE FOR USE OR SALE OF CONTROLLED SUBSTANCE.

It shall be unlawful for any person to keep or maintain a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substance, or which is used for the keeping or selling of such substances. Any person convicted of a violation of this section shall be punishable by imprisonment for a period not to exceed six (6) months, or to a fine not to exceed five hundred dollars ($500.00), or by both such fine and imprisonment, with costs.

SECTION 106.06 INHABITING ROOM WHERE CONTROLLED SUBSTANCES ILLEGALLY STORED OR USED.

It shall be unlawful for any person to inhabit a room knowing that any controlled drug or substance is being illegally stored or used therein. Any person convicted of a violation of this section shall be subject to imprisonment not to exceed thirty (30) days, or a fine not to exceed one hundred dollars ($100.00), or by both such fine and imprisonment, with costs.

SECTION 106.07 SEARCH WARRANTS - GROUNDS FOR ISSUANCE.

A search warrant relating to offenses involving controlled drugs and substances may be served at any time of the day or night if the Judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.

SECTION 106.08 EXECUTION OF SEARCH WARRANT WITHOUT NOTICE - SPECIAL DIRECTION IN WARRANT.

Any officer authorized to execute a search warrant may, without notice of his authority or purpose, enter any structure, portion of a structure, or any vehicle, or anything by whatever means, including breaking therein, if the Judge issuing such warrant is satisfied that there is probable cause to believe that if such notice were given the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another, may result, and has included in the warrant a direction that the officer executing it shall not be required to give such notice.

SECTION 106.09 CONTROLLED DRUGS AND SUBSTANCES DEEMED TO BE CONTRABAND.

All substances listed in Section 106.01 that are possessed, transferred, sold, or offered for sale in violation of the provisions of this Chapter shall be deemed contraband and seized and summarily forfeited to the Tribe. Similarly, all controlled substances which are seized or come into the possession of the Tribe, the owners of which are unknown, shall be deemed contraband and summarily forfeited by the State. All species of plants from which controlled substances may be derived, which have been planted or cultivated in violation of this Chapter, or of which the owner or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the Tribe.

SECTION 106.10 OTHER PROPERTY DECLARED CONTRABAND - DISPOSITION.

Any funds or other things of value used for purposes of unlawful purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance and seized by law enforcement officers during the purchase, attempted purchase, distribution, or attempted distribution, is hereby declared contraband and shall be paid into law enforcement training funds or other funds to be used for further law enforcement purposes.

Hist: Ord. #80-10.

SECTION 107. VAGRANCY.

Any Indian who wanders about in idleness, living off of others who are able to work, and has no property or money sufficient for his/her support or loafs or loiters in any city, town, or village on the Pine Ridge Reservation without any attempt to obtain regular employment shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days, or to a fine not to exceed sixty dollars ($60.00), or to both such imprisonment and fine, with costs.

Hist: 1937 Code, Ch. 6, Sec. 47.

SECTION 108. RESERVED. (Repealed by Ord. 58-5) See Chapter 10A.

SECTION 109. FAILURE TO BRAND ID STOCK.

Any Indian who shall willfully refuse to brand, or mark his/her livestock where such branding or marking is required in the interest of ownership identification and for designating trust property shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed sixty (60) days, or to a fine not to exceed one hundred and twenty dollars ($120.00), or to both such imprisonment and fine, with costs.

Hist: Ord. #5.

SECTION 109.1 TAKING TRANSPORTATION CONVEYANCE FOR WRONGFUL USE OR UNLAWFUL TEMPERING.

Whoever wrongfully takes any automobile, truck, bicycle, or other type of transportation conveyance, or whoever shall tamper with such transportation conveyance, where it may have been lawfully placed by the owner, without the consent of the owner, or who shall use any such transportation conveyance in bailment beyond that which was originally intended or agreed upon, with intent to wrongfully use the conveyance so taken, shall be guilty of an offense and shall be fined in any sum of not less than seventy-five dollars ($75.00), nor more than one hundred and fifty dollars ($150.00), and shall be imprisoned in jail not less than thirty (30) days nor more than three (3) months, and shall be liable to the party injured in double the amount of damages sustained.

Hist: Res. #65-3.

SECTION 109.2 CURFEW.

Any Indian under the jurisdiction of the Oglala Sioux Tribe, who has not yet reached their eighteenth (18th) birthday, shall be in a regular place of abode not later than 9:00 p.m. O'Clock each night preceding a regular school day and 10:00 p.m. O'Clock any other night, unless such person is accompanied by their parent or legal guardian.

Any person who knowingly and willfully fails to comply with this Section and is found in violation thereof, shall be sentenced upon conviction to a period of confinement of not more than fifteen (15) days in jail and/or fined not more than thirty dollars ($30.00), and assessed the cost of the action.

Any parent, parents, guardian or guardians who allow, or who fail to require minors to obey this Section and such minor is not eighteen (18) years of age, shall be guilty of the offense of Contributing to the Delinquency of a Minor and upon conviction thereof shall be subject to the same sentence as prescribed elsewhere in this Code for the offense of Contributing to the Delinquency of a Minor.

SECTION 110. MINORS USING TOBACCO.

It shall be unlawful for any person by himself, clerk, servant, employee or agent, or any clerk, servant, employee or agent of any person, directly or indirectly, upon any pretense or by any device to sell, exchange, barter, dispose of, or give away to any person under the age of eighteen (18) years, any cigarettes, cigarette paper, or cigarette wrapper prepared or designed to be used for filling with tobacco for smoking, or tobacco of any form. Any person violating any provision of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be the first offense be punished by a fine of not less than ten dollars ($10.00), no more than twenty-five dollars ($25.00); and for the second and each subsequent offense, by a fine of nor more than one hundred dollars ($100.00), or by imprisonment in the Tribal jail not to exceed thirty (30) days, or both such imprisonment and fine.

Hist: Ord. #62.

SECTION 110.1 STATUTE OF LIMITATIONS.

In all prosecutions under this Revised Code, action shall be commenced within three (3) years after commission of the offense, or else said person shall be deemed to have been found innocent of such offense and subsequent prosecution shall be forever barred.

Hist: Res No. 58-5. Ordinance No. 89-06.

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