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Pawnee Tribe of Oklahoma, Law and Order Code

Additions received: 2005



TITLE VI - CRIMINAL OFFENSES


Chapter 1 - Crimes Against Property

Chapter 2 - Crimes Against Persons
Chapter 3 - Inchoate Crimes
Chapter 4 - Crimes Against Public Justice
Chapter 5 - Crimes Against Public Health, Safety, and Welfare
Chapter 6 - Traffic Offenses


Section 1: Short Title


This Ordinance may be cited as the Tribal Criminal Code.


Section 2: Application

(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.


CHAPTER ONE - CRIMES AGAINST PROPERTY

Section 101. Arson In The First Degree

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

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

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

(b) Arson in the First degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five 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.


Section 102. Arson In The Second Degree

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

(1) Endangers human or safety life, or

(2) Damages or destroys the property of another,

(b) Arson in the Second degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.


Section 103. Arson In The Third Degree

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

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

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

(b) Arson in the third degree shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.


Section 104. Criminal Mischief

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

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

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

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

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

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


Section 105-109. Reserved


Section 110. Burglary

(a) It shall be unlawful to break into by any force whatsoever and enter in any manner any dwelling, building, office, room, apartment, tenement, shop warehouse, store, mill, barn, stable, garage, tent, vessel, railroad car, airplane, motor vehicle, trailer, or 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.


Section 111. Breaking And Entering

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

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

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

(3) Commit any offense therein, or

(4) Steal, or

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

(b) Breaking and Entering shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the Tribal jail for a period not exceeding three months, or both.


Section 112. Criminal - Trespass

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

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

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

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

(b) Criminal Trespass shall be punishable by a fine not exceeding Five 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:

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

 

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

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


Section 113-119. Reserved


Section 120. Larceny

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

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


Section 121. Extortion

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

(1) Cause bodily harm to any person, or

(2) Commit any offense, or

(3) Unlawfully injure or destroy any property, or

(4) Expose any personal information or secret not public knowledge tending to expose any person to hatred, contempt, or ridicule, or to impair his business or reputation, except by institution of legal proceedings to recover the debt demanded or proper reports to bona fide credit agencies, or; (5) Unlawfully take or withhold official action.

(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.


Section 122. False Pretenses

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

(b) False Pretenses shall be punishable by a fine not exceeding 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.


Section 123. Embezzlement

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

(b) Embezzlement shall be punishable by a fine not exceeding 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.


Section 124. Receiving Stolen Property

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


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

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


Section 126. Theft Of Services

(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.


Section 127. Theft of Utility or Cable Television Services

(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:

(1) connecting any tube, pipe, wire, cable, or other instrument with any meter, device, or other instrument used for conducting gas, electricity, water, sewer, or cable television in a manner as permits the use of the gas, electricity, water, sewer, cable television without its passing through a meter or other instrument recording the usage for billing;

 

(2) altering, injuring, or preventing the normal action of a meter, valve, stopcock, or other instrument used for measuring quantities of gas, electricity, water, sewer service, or making or maintaining any modification or alteration -to any device installed with the authorization of a cable television company for the purpose of intercepting or receiving any program or other service carried by the company which the person is not authorized by the company to receive;

(3) reconnecting gas, electricity, water sewer, or cable television connections or otherwise restoring service when one or more of those utilities or cable television service have been lawfully disconnected or turned off by the provider of the utility or cable service;

 

(4) intentionally breaking, defacing, or causing to be broken or defaced any seal, locking device or other part of a metering device for recording the usage of gas, electricity, water, or sewer service, or a security system for the recording device, or a cable television control device;

(5) removing a metering device designed to measure quantities of gas, electricity, water, or sewer service;

(6) transferring from location to another a metering device for measuring quantities of public utility services of gas, electricity, water, or sewer service;

(7) changing the indicated consumption, jamming the measuring device, bypassing the meter, or measuring device with a jumper so that it does not indicate use or registers use incorrectly, or otherwise obtaining quantities of gas, electricity, water, or sewer service from the utility without their passing through a metering device for measuring quantities of consumption for billing purposes;

(8) using a metering device belonging to the utility that a not been assigned to the location and installed by the utility;

(9) fabricating or using a device to pick or otherwise tamper with the locks used to deter utility service diversion, meter tampering, meter thefts, and unauthorized cable television service;

(10) assisting or instructing any person in obtaining or attempting to obtain any cable television service without payment of all full compensation to the company providing the service;

(11) making or maintaining a connection or connections, whether physical, electrical, mechanical, acoustical, or by other means, with any cables, wires, components, or other devices used for the distribution of cable television services without authority from the cable television company; or

(12) possession without authority any device or printed circuit board designed in whole or in part to receive any cable television programming or services offered for sale over a cable television system, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any of the acts set out in subsections (1), (2), (3), (4), (10), and (11) with the intent that the device or printed circuit be used for the reception of the cable television company's services without payment. For the purposes of this subsection, device or printed circuit board does not include the use of a satellite dish or antenna.

(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:

(1) "Cable television service" means any audio, video, or data service provided by a cable television company over it cable system facilities for payment, but does not include the use of a satellite dish or antenna.

 

(2) "Owner" includes any part-owner, joint owner, tenant in common, joint tenant, or tenant by the entirety of the whole or a part of any building and the property on which it is located.

(3) "Person" means any individual, firm, partnership, corporation, company, association or other legal entity.

 

(4) "Tenant or occupant" includes any person, including the owner, who occupies the whole or part of any building, whether alone or with others.

(5) "Utility" means any public utility; municipally-owned utility, or cooperative utility which provides electricity, gas, water, or sewer, or any combination of them for sale to consumers.


Section 128. Theft of Property Pursuant to Repair or Rental Agreement

(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.


Section 129. Library Theft

(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.

(1) Any person who willfully conceals library materials on his person or among his belongings while of the premises of the library or in its immediate vicinity is prima facie presumed to have concealed library materials with the intention of converting them to his own use. If library materials are found concealed upon his person or among his belongings, or electronic security devices are activated by the person's presence, it is prima facie evidence of willful concealment.

(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:

(1) fail to return the materials within Thirty (30) days after receiving written notice demanding return of the materials; or

 

(2) if the materials are lost or destroyed, fails to pay the replacement value of the materials within Thirty (30) days after being notified

(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:

(1) to make reasonable inquiry as to whether the person has in his possession concealed library materials;

(2) to request identification;

(3) to verify identification;

(4) to make a reasonable request of the person to place or keep in full view any library materials the individual may have removed, or which the employee

has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, or for any reasonable purpose;

(5) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; or

(6) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of the minor as soon as possible of this detention and to surrender custody of the minor to this person

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.


Section 130. Unauthorized Use Of A Vehicle

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

(b) Unauthorized use of a vehicle shall be punishable by a fine not exceeding 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.


Section 131-135. Reserved.


Section 136. Forgery

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


Section 137. Criminal Simulation

(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.


Section 138. Fraudulent Handling Of Recordable Instruments

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


Section 139. Tampering With Records

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

(b) Tampering with records shall be punishable by a fine not exceeding 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.


Section 140. Bad Checks

(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.


Section 141. Fraudulent Use Of A Credit Card

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

(1) The card was stolen; or

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

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

(b) Fraudulent use of a credit card shall be punishable by a fine not exceeding 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.


Sections 142-146. Reserved


Section 147. Deceptive Business Practices

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

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

 

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

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

 

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

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

 

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

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

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

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

(b) Deceptive business practice shall be punishable by a fine not exceeding Five Hundred Fifty Dollars ($550.00), or by imprisonment in the Tribal jail for a term not exceeding three months, or, both.

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

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


Section 148. Defrauding Creditors

(a) It shall be unlawful to:

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

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

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


Section 149. Securing Execution Of Documents By Deception

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

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


Section 150. Criminal Usury

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

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

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

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


Section 151. Unlawful Dealing With Property By A Fiduciary

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

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

(c) Unlawful dealing with property by a fiduciary shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal jail for a term not exceeding one year, or both.


Section 152. Making A False Credit Report

(a) It shall be unlawful to knowingly make 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.


Sections 153-159. Reserved


Section 160. Computer Crimes

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:

(1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate with, cause input to, cause output from, or otherwise make use of any resources of a computer, computer system, computer network, or any means of communication with them.

(2) "Computer" means any electronic devise or communication facility with data processing ability.

(3) "Computer system" means a set of related, connected or unconnected, devices, software, or other related computer equipment.

(4) "Computer network" means the inter-connection of communication or telecommunication lines between computers or computers and remote terminals.

(5) "Computer property" includes but is not limited to, electronic impulses, electronically produced data, information, financial instruments, software, or programs, in either machine or human readable form any other tangible to intangible item relating to a computer, computer system, computer network, and copies of any of them.

(6) "Services" include but are not limited to, computer time, data manipulation, and storage functions.

(7) "Financial instrument" includes, but is not limited to, any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security.

(8) "Software" or "Program" means a series of instructions or statements in a form acceptable to a computer, relating to the operations of the computer, or permitting the function of computer system in a manner designed to provide results including, but not limited to, system control programs, application programs, or copies of any of them.

(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.


CHAPTER TWO - CRIMES AGAINST PERSONS

Section 201. Assault In The First Degree

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

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

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

(b) Assault in the first degree shall be punishable by a fine not to exceed Five 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.


Section 202. Assault In The Second Degree

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

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

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

(3) Attempt by a show of force or violence to put another in fear of imminent bodily injury to another, whether or not such harm actually occurs.

(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.


Section 203. Mayhem

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

(b) Mayhem shall be punishable 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.


Section 204. Verbal Or Written Assault

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

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

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

(b) Verbal or written assault shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed six months, or both.


Sections 205-210. Reserved


Section 211. Homicide in the First Degree

(a) It shall be unlawful to:

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

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

(b) Homicide in the first degree shall be punishable by a fine of Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the tribal jail not to exceed one

(1) year or by banishment for a period not less than ten years nor more than life, or any combination of the above.


Section 212. Homicide in the Second Degree

(a) It shall be unlawful to

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

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

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

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

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

(b) Homicide in the second degree shall be punishable by a fine of 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.


Section 213. Causing A Suicide

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

(b) Causing a suicide shall be punishable by a fine not to exceed 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.


Section 214. Aiding Or Soliciting A Suicide

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

(1) Aiding or soliciting 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, if the defendant's conduct has actually caused or contributed substantially to a suicide, or attempted suicide:

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


Sections 215-220. Reserved


Section 221. Kidnapping,

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

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

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

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

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

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

(c) Kidnapping shall be punishable by a fine not to exceed 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.


Section 222. False Imprisonment

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

(b) False imprisonment shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both, unless the detention occurs under circumstances which expose the victim to a risk of serious bodily injury, in which case the offense shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.


Section 223. Custodial Interference

(a) It shall be unlawful to wrongfully:

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

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

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

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

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


Section 224. Criminal Coercion

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

(1) Commit any criminal offense; or

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

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

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

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

(c) Criminal coercion shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.


Sections 225-230. Reserved


Section 231. Rape in the First Degree

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

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

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

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

Section 232. Rape in the Second Degree.

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

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

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

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

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

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

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


Section 233. Deviate Sexual Intercourse

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

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

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

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

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

(b) Deviate sexual intercourse shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year, or both.


Section 234. Sexual Assault

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

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

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

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


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

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

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

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

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

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


Sections 235-240. Reserved


Section 241. Robbery

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

(b) Robbery shall be punishable by a fine not to exceed 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.


CHAPTER THREE - INCHOATE CRIMES

Section 301. Attempt

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

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

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


Section 302. Criminal Conspiracy

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

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

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


Section 303. Solicitation

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

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

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


CHAPTER FOUR - CRIMES AGAINST PUBLIC JUSTICE

Section 401. Bribery

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


Section 402. Improper Influence In Official Matters

(a) It shall be unlawful to:

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

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

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

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

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

(c) Improper influence in official matters shall be punishable by a fine not to exceed 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.


Section 403. Retaliation For Past Official Action

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

(b) Retaliation for past official action shall be punishable by a fine not to exceed 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.


Section 404. Improper Gifts To Public Servants

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

(b) This section shall not apply to:

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

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

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

(c) Improper gifts to public servants shall be punishable by a fine not to exceed 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.


Section 405. Unofficial Misconduct

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

(b) Unofficial misconduct shall be punishable by a fine not to exceed 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.


Section 406. Oppression In Office

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

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

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

(b) Oppression in office shall be punishable by a fine not to exceed 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.


Section 407. Misusing Public Money

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) "Public money" includes all money, bonds, and evidences of indebtedness or their equivalent, belonging to, or received or held by the 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.


Section 408. Perjury In The First Degree

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

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

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

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

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

(f) Perjury in the first degree shall be punishable by a fine not to exceed 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.


Section 409. Perjury In The Second Degree

(a) It shall be unlawful to:

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

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

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

(4) Submit or invite reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false;

with a purpose to mislead a public servant in performing his official function.

(b) A person is guilty of 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.


Section 410. Tampering With Witnesses

(a) It shall be unlawful:

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

(i) testify or inform falsely; or

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

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

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

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

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

(b) Tampering with witnesses shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal jail not to exceed one year or both.


Section 411. Tampering With Evidence

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

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

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

(c) Tampering with evidence shall be punishable by a fine not to exceed 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.


Section 412. Tampering With Public Records

(a) It shall be unlawful to:

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

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

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

(b) Tampering with Public Records shall be punishable by a fine not to exceed 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.


Section 413. Impersonating A Public Servant

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

(b) Impersonating a public servant shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term or imprisonment in the Tribal jail not to exceed one year, or both.


Section 414. Obstructing Governmental Function