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to Table of Contents Pawnee
Tribe of Oklahoma, Law and Order Code
Additions received: 2005 TITLE VI - CRIMINAL OFFENSES
(a) This ordinance shall apply to all Indian persons violating its provisions within the territorial jurisdiction of the Tribe, provided, that the provisions of Chapter Four of this ordinance shall apply to all members of the Tribe and all Indian residents of the jurisdiction of the Tribe where ever such violation may occur, if such violation has any actual or intended effect upon the political integrity or political or economic security of the Tribe. (b) This ordinance shall apply to non-Indians to the extent not inconsistent with federal law and to the extent that any person found to have violated any provision of this act may be banished from the jurisdiction of the Tribe for a period of not more than ten years, or for such longer term as may be imposed by the Section violated, in a civil proceeding brought by the prosecutor. The non-Indian in such cases, shall have all the procedural rights of a criminal defendant, and such cases shall be tried by the rules of criminal procedure.
Section 101. Arson In The First Degree (a) It shall be unlawful to knowingly and willfully start a fire or cause an explosion with the purpose of:
(b) Arson in the First degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00); or by imprisonment in the Tribal jail for a term of not less than three months nor more than six months; or by banishment for a period of not less than five nor more than ten years; or any combination of the above sentences. (c) Should the commission of the offense result in the death of or serious injury to any person, a sentence of banishment may be imposed for any period not exceeding life in addition to the punishment authorized above.
(a) It shall be unlawful to knowingly or recklessly, carelessly, or negligently, without regard to the consequences start a fire or cause an explosion which:
(b) Arson in the Second degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(a) It shall be unlawful after having started any fire, even though started safely for a lawful purpose, to fail to either:
(b) Arson in the third degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.
(a) It shall be unlawful to willfully and knowingly:
(b) Criminal
mischief shall be punishable by a fine of not more than Three Hundred
Dollars
(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle, trailer, or semi trailer, mobile home, or any similar enclosed structure of another without consent with the intent to steal or commit any offense punishable by imprisonment. (b) Burglary shall be punishable by a fine of not less than Two Hundred and Fifty Dollars ($250.00); or, by imprisonment in the Tribal jail for not less than three months nor more than six months; or, by banishment for a period of not less than five years nor more than ten years; or by any combination of the above sentences. (c) Should the commission of the offense result in the death of or serious bodily injury to any person, a sentence of banishment may be imposed for any period not exceeding life in addition to the punishment authorized above.
(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle trailer or semi-trailer, mobile home, trunk, drawer, box, coin operated machine, or similar structure, object, or device or another without consent with the intent to:
(b) Breaking and Entering shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.
(a) It shall be unlawful to enter onto, or remain upon the property of another if notice against entry 'or notice to leave the property has been given by:
(b) Criminal Trespass shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both. (c) It is a complete affirmative defense to the offense of criminal trespass that:
(d) On rural lands fenced with barbed wire or other types of fencing normally meant to enclose or exclude domestic animals, signs prohibiting entry or use at least six inches by eight inches placed upon or in plain sight next to such fence not more than one hundred fifty feet apart shall create a rebuttable presumption that reasonable notice against entry or entry for certain purpose has been given.
(a) It
shall be unlawful to take or carry away any tangible or intangible
personal property by fraud or steal with the intent to deprive the
owners thereof.
(a) It shall be unlawful to take, receive, or control the use or disposition of property of another with the intent to deprive his of the possession or use thereof by threatening to:
(b) Extortion shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (c) If the value of the property extorted exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to obtain, take, or receive any property of another by means of a trick or deception, or false or fraudulent representation, statement, or pretense with the intent to deprive the owner thereof. (b) False Pretenses shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (c) If the value of the property gained by False Pretense exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to wrongfully or fraudulently appropriate for a person's own use or the use of another any property of another with which the person has been entrusted. (b) Embezzlement shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (c) If the value of the property embezzled exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to possess, receive, buy, or conceal any personal property that has been stolen or otherwise obtained from its true owner in violation of this Act with the intent to deprive the true owner thereof. (b) Receiving stolen property shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (c) If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to fail to take reasonable measures to restore property to a person entitled thereto, with the intent to deprive the owner thereof, when it is known or reasonable suspected that the property has been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the receipt. (b) Theft of property lost, mislaid, or delivered by mistake shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (c) If the value of the property exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to obtain services known to the available only for compensation by deception, threat, force or any other means with the intent to avoid due payment therefore. (b) It shall be unlawful for a person, having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own use or benefit or to the use or benefit of another who he knows is not entitled to them (c) In this section "services" includes but is not limited to, labor professional services, public utility and transportation services, restaurant, hotel, motel, tourist cabin, rooming house, and like accommodations, the supplying of equipment, tools, vehicles, or trailers for temporary use, telephone or telegraph service, steam, admission to entertainment, exhibitions, sporting events, or other events for which a charge is made. In this section "Services" also includes gas, electricity, water, sewer, or cable television services, only if the services are obtained by threat, force, or a form of deception not described in Section 127 (d) Theft of Services shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (e) If the value of the service rendered exceeds One Thousand Dollars ($1,000.00), a sentence of banishment for a period not exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to commit any of the following acts which make gas, electricity, water, sewer, or cable television available to a tenant or occupant, including himself, without the payment of full compensation to the utility of cable television company. Any person aiding or abetting in these prohibited acts is a principle and is so punishable. Prohibited acts include:
(b) The presence on property in the possession of a person of any device or alteration which permits the diversion or use of utility or cable service to avoid the registration of the use by or on a meter installed by the utility or to avoid the recording or use of the service for payment or otherwise avoid payment gives rise to a presumption that the person in possession of a property installed the device or caused the alteration if the presence of the device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility or cable television service; and the person charged as received the direct benefit of the reduction of the cost of the utility or cable television service. (c) Theft of utility or cable television services shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. (d) As used in this section:
(a) It shall be unlawful for a person, having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation a specific service for the owner involving the maintenance, repair, or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or (b) having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement. (c) Theft of utility or cable television services shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(a) It shall be unlawful to, for the purpose of converting to one's own use, and depriving the owner, conceal on his person or among his belongings library materials while on the premises of the library or willfully and without authority removes library materials from the library building with the intention of converting them to his own use.
(b) It shall be unlawful to intentionally or recklessly write upon, injure, deface, tear, mutilate, destroy, or otherwise damage library materials. (c) It shall be unlawful for a person, having possession, or having been in possession library materials to:
(d) Written notice is considered received upon the sworn affidavit of the person delivering the notice with a statement as to the date, place, and manner of delivery, or upon proof that the notice was mailed postage prepaid, via the United States Postal Service, to the current address listed for the person in the library records. (e) Any employee of the library who has probable cause to believe that a person has committed library theft may detain the person, on or off the premises of a library, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
An employee may make a detention under this section off library premises only if the detention is pursuant to an immediate pursuit of the person. (g) Library
Theft shall be punishable by a fine not exceeding One Hundred Dollars
($100.00) or by imprisonment in the Tribal jail for a period not exceeding
three months or both. (a) It shall be unlawful to take, drive, or operate another's motor vehicle, motorcycle, bicycle, or wheeled conveyance without the consent of the owner, with the intent to temporarily deprive the owner of its use or possession. (b) Unauthorized use of a vehicle shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both (c) If the vehicle sustains damages while in the custody, possession, or under the control of the person violating his section, the violator shall be required to make double restitution of the amount of the actual damage to the vehicle.
(a) It shall be unlawful to alter any writing of another without his authority, or to make, complete, execute, authenticate, issue or transfer any writing so that it purports to be the act of another who did not authorized that act, with the intent to defraud or injury anyone. (b) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards; badges, trademarks, money, and other symbols of value, right, privilege, or identification. (c) Forgery shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by a sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second or subsequent conviction for forgery, a sentence of banishment for a period not less that five years nor exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to make, alter or utter or attempt to circulate or sell as genuine any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess, with intent to defraud anyone. (b) Criminal simulation shall be punishable by a fine exceeding One Thousand Dollars($1,000.00 ), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(a) It shall be unlawful to destroy, remove or conceal any will, deed, mortgage, security instrument, Tribal resolution, any Tribal record, for which the law provides public recording, or to knowingly record a false or forged instrument, with the intent to deceive or injury anyone, or to conceal wrong doing. (b) Fraudulent handling of recordable instruments shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second conviction for fraudulent handling of recordable instruments, a sentence of banishment for a period not less than five years nor exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to falsify, destroy, remove, or conceal any writing or record, with the intent to deceive or injure anyone or to conceal any wrong doing. (b) Tampering with records shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or by both fine and imprisonment, or by a sentence of banishment for a period not less than one year nor exceeding five years, or any combination of the above punishments. Upon a second conviction for tampering with records, a sentence of banishment for a period not less than five years nor exceeding ten years may be imposed in addition to the punishment authorized above.
(a) It shall be unlawful to issue or pass a check or similar sight order for the payment of money, for the purpose of obtaining any money, property, or other thing of value or paying for any services, rent, wages or salary, knowing or believing that it will not be honored by the drawee. (b) Bad checks shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. Restitution shall be required.
(a) It shall be unlawful to use a credit card for the purpose of obtaining property or services with knowledge that:
(b) Fraudulent use of a credit card shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both. Restitution shall be required.
(a) It shall be unlawful to, in the course of business, intentionally:
(a) It shall be unlawful to:
(b) Defrauding creditors shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
(a) It shall be unlawful to intentionally, and by deception, cause another to execute any instrument affecting or likely to affect the pecuniary interest of any person. (b) Securing execution of documents by deception shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
(a) It shall be unlawful to intentionally provide financing or make loans at a rate of interest higher that the following:
(b) Criminal usury shall be punishable by a fine not exceeding Two Hundred Fifty Dollars, or by imprisonment in the Tribal jail for a term not exceeding three months, or both. The victim shall be entitled to restitution for double the actual amount of interest which was actually paid and cancellation of all interest owing for the term of the financing.
(a) It shall be unlawful to knowingly deal with property that has been entrusted to one in a fiduciary capacity, or property of the Tribal government or of a financial institution, in a manner which is known to be a violation of his fiduciary duty, or which involves a substantial risk or loss to the owner or to a person for whose benefit the property was entrusted. (b) As used in this section, "fiduciary" includes a trustee, guardian, executor, administrator, receiver or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary. (c) Unlawful dealing with property by a fiduciary shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.
(a) It shall be unlawful to knowingly make materially false or misleading statement to obtain property or credit for oneself or another or to keep some other person from obtaining credit. (b) Making a false credit report shall be punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or both.
Computer Crimes and penalties: (a) It shall be unlawful for any person to attempt, or to gain access to and without authorization intentionally, and to the damage of another, alters, damages, destroys, discloses, or modifies any computer, computer system, computer network, computer property, program, or software. (b) It shall be unlawful for any person to intentionally and without authorization use a computer, computer network, computer property, or computer system to gain or attempt to gain access to any other computer, computer network, computer property, or computer system, program, or software to the damage of another, and alters, damages, destroys, discloses, or modify, any of these. (c) It shall be unlawful for any person who uses or knowingly allows another person to use any computer, computer network, computer property, or computer system, program, or software to devise or execute any artifice or scheme to defraud or to obtain money, property, services, or other things of value by false pretenses, promises, or representations. (d) It shall be unlawful for any person to intentionally and without authorization, interfere with or interrupt computer services to another authorized to receive the services. (e) It shall be unlawful for any person to intentionally and without authorization damage or destroy, in whole or in part, any computer, computer network, computer property, or computer system. (f) As used in this section:
(g) A violation of this section shall be punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the Tribal jail for term not exceeding one year, or both.
Section 201. Assault In The First Degree (a) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly under circumstances manifesting indifference to the value of human life, to:
(b) Assault in the first degree shall be punishable by a fine not to exceed Five Hundred Dollars, or by a term of imprisonment in the Tribal jail not to exceed six moths, or banishment for a term of not less than one year nor more than ten years or any combination of the above punishments.
(a) It shall be unlawful to wrongfully, purposely, knowingly, or recklessly:
(b) Assault in the second degree shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(a) It shall be unlawful to wrongfully, purposely, or knowingly deprive a human being of a member of his body or render it useless, or to cut out or disable the tongue, put out an eye or eyes, or slit the nose, ear or lip of another. (b) Mayhem shall be punishable to a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed six months, or banishment for a term of not less than one year nor more than life or any combination of the above punishments.
(a) It shall be unlawful to threaten verbally or in writing to commit any offense involving with apparent ability to do so:
(b) Verbal or written assault shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed six months, or both.
(a) It shall be unlawful to:
(b) Homicide in the first degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the tribal jail not to exceed one
(a) It shall be unlawful to
(b) Homicide in the second degree shall be punishable by a fine of One Thousand Dollars ($1,000.00), or by term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not less than one year nor more than twenty years; or any combination of the above.
(a) It shall be unlawful to intentionally cause a suicide by force, duress, or deception. (b) Causing a suicide shall be punishable by a fine not to exceed One Thousand Dollars, or by a term of imprisonment in the Tribal jail not to exceed one year, or by banishment for a period of not less than one year nor more than twenty years or any combination of the above.
(a) It shall be unlawful to intentionally aid or solicit another to attempt or commit suicide.
(a) It shall be unlawful to intentionally and wrongfully remove another from his place of residence, business, or from the vicinity where is found, or to unlawfully confine or conceal another for a substantial period, with any of the following purposes:
(b) A removal, restraint, or confinement is wrongful within the meaning of this Code if it is accomplished by force, threat or deception, or, in the case of a person under the age of fourteen or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare. (c) Kidnapping shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than five years nor more than ten years if the kidnapping resulted in bodily injury; or by banishment for a period not less than five years nor more life in the case of a second or subsequent conviction for kidnapping or if death resulted; or any combination of the above.
(a) It shall be unlawful to knowingly and wrongfully restrain or imprison another so as to interfere with his liberty. (b) False imprisonment shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both, unless the detention occurs under circumstances which expose the victim to a risk of serious bodily injury, in which case the offense shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(a) It shall be unlawful to wrongfully:
(b) Custodial interference shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00) or by a term of imprisonment in the Tribal jail not to exceed three months or both.
(a) It shall be unlawful to intentionally and wrongfully restrict another's freedom of action to his detriment, by threatening to:
(b) It is an affirmative defense to prosecution based on this section, except for subsection (1) above, that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other in a lawful manner to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure, or proposed official action; for example, as by refraining from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified. (c) Criminal coercion shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(a) It shall be unlawful to intentionally and wrongfully:
(b) Rape in the first degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for a period not less than five years nor more than life; or any combination of the above. Section 232. Rape in the Second Degree. (a) It shall be unlawful to intentionally and wrongfully:
(b) Rape in the second degree shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00); or by a term of imprisonment in the tribal jail not to exceed one year; or by banishment for a period not less that one year nor more than five years; or any combination of the above.
(a) It shall be unlawful to engage in deviate sexual intercourse, defined as sexual intercourse per os or per anum between human beings who are not husband and wife, or any form of sexual intercourse with an animal, and it shall be unlawful to cause another the engage in deviate sexual intercourse if:
(b) Deviate sexual intercourse shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(a) It shall be unlawful to intentionally, wrongfully, and without consent subject another, not his/her spouse, to any sexual contact:
(b) Sexual contact is any touching of the sexual or other intimate parts of the person of another or otherwise taking indecent liberties with another for the purpose of arousing or gratifying sexual desires of either party. (c) Sexual assault shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(a) It shall be unlawful to take anything of value from the person of another or from the immediate control of another by use of force or violence, with the intent to permanently deprive the owner thereof. (b) Robbery shall be punishable by a fine not to exceed One Thousand Dollars ($1,00.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or, when any person is seriously injured as a result of a violation of this section, banishment for a period not less than one year nor more than five years may be imposed.
Section 301. Attempt (a) It shall be unlawful to engage in conduct within the Tribal jurisdiction constituting a substantial step toward commission of any offense under Tribal, Federal, or State laws applicable to the jurisdiction in which any part of the offense was to be completed with the kind of culpability otherwise required for the commission of the offense. (b) Anywhere constituting a substantial step toward the commission of any Tribal or Federal offenses within the Tribal jurisdiction while acting with the kind of culpability otherwise required for the commission of the offense. (c) Attempts shall be punishable by the same penalties as the completed crime.
(a) It shall be unlawful to agree within the Tribal jurisdiction with one or more persons to engage in or cause the performance of conduct with the intent to commit any offense punishable by Tribal, Federal, or State laws applicable to the jurisdiction in which the conduct is agreed to be performed, and any one person commits an overt act in pursuance of the conspiracy. (b) Anywhere with one or more persons to engage or cause the performance of conduct with the intent to commit any Tribal or Federal offense within the Tribal jurisdiction and anyone commits an overt act in pursuance of the conspiracy. (c) Conspiracy to commit an offense carries the same possible punishment as the completed offense.
(a) It shall be unlawful within the Tribal jurisdiction to entice, advise, incite, order, or otherwise encourage another to commit any offense, with the intent that such other person commit an offense punishable under the laws of the jurisdiction where the conduct was to be performed. (b) In any place, entice, advise, incite, order, or otherwise encourage another to commit any offense, with the intent that such other person commit an offense punishable by Tribal, Federal, or State laws within the Tribal jurisdiction. (c) Solicitation shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or by a term of imprisonment in the Tribal jail not to exceed two months, or both.
Section 401. Bribery (a) It shall be unlawful to ask for, give, or accept any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking, given with a wrongful or corrupt intent influence unlawfully the person to whom it is given. (b) Bribery shall be punishable by a fine not to exceed Five Hundred Dollars; or by a term of imprisonment in the Tribal jail not to exceed six months, or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years nor more than life.
(a) It shall be unlawful to:
(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason. (c) Improper influence in official matters shall be punishable by a fine not to exceed One Thousand Dollars; or by a term imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful; to harm any person by any unlawful act in retaliation for anything lawfully done by another person in his capacity as a public servant. (b) Retaliation for past official action shall be punishable by a fine not to exceed One Thousand Dollars; or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful to knowingly confer or offer or agree to confer any benefit to a public servant with the intent to induce an exercise of their discretion in an unlawful manner, or to undermine official impartiality. (b) This section shall not apply to:
(c) Improper gifts to public servants shall be punishable by a fine not to exceed One Thousand Dollars; or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful to exercise or attempt to exercise any of the functions of a public office when one has not been elected or appointed to office. (b) Unofficial misconduct shall be punishable by a fine not to exceed One Thousand Dollars; or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful when acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, with knowledge that such conduct is illegal, to:
(b) Oppression in office shall be punishable by a fine not to exceed One Thousand Dollars; or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years nor more than life.
(a) It shall be unlawful for a person charged with the receipt, safekeeping, transfer or disbursement of public monies to:
(b) "Public money" includes all money, bonds, and evidences of indebtedness or their equivalent, belonging to, or received or held by the Tribe or any other government, or any account or money held by the Tribe or government for any individual or group. (c) Misusing public money shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years or more than the years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed nor not less than ten years not more than life.
(a) It shall be unlawful, in any official proceeding, to make a false statement under oath or equivalent affirmation, or swear or affirm the truth of a statement previously made, when the statement is material and he does not believe it to be true. (b) Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law to be decided by the court. (c) It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed. (d) No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding. (e) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. (f) Perjury in the first degree shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful to:
(b) A person is guilty of unsworn falsification if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable. (c) It is no defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made on oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed. (d) No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification was or would be exposed and before the falsification substantially affected the proceeding. (e) No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. (f) Perjury in the second degree shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful:
(b) Tampering with witnesses shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year or both.
(a) It shall be unlawful, while believing that an official proceeding or investigation is pending or about to be instituted, to:
(b) Make, present, or use any record, document, or thing knowing it to be false and with a purpose to mislead a public servant who is or may be engaged in such proceeding or investigation. (c) Tampering with evidence shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by combination for not less than five years nor more than ten years; or any combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful to:
(b) Tampering with Public Records shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00); or by a term of imprisonment in the Tribal jail not to exceed one year; or by banishment for not less than five years nor more than ten years; or both combination of the above authorized punishments. For a second or subsequent conviction under this section, banishment may be imposed for not less than ten years not more than life.
(a) It shall be unlawful to falsely pretend to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice. (b) Impersonating a public servant shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term or imprisonment in the Tribal jail not to exceed one year, or both.
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