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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§8 CRIMINAL CODE

§8-1-1 Misdemeanor Offenses

a) All offenses enumerated here shall be misdemeanor offenses. A misdemeanor offense is hereby defined as an offense for which a sentence to a term of imprisonment not in excess of twelve (12) months and/or a fine not to exceed Five Thousand Dollars ($5,000.00) may be imposed.

Revised 2-21-88
Initials
       
[Initials on original document.]

§8-1-2 Classification of Offenses

a) Misdemeanor offenses are classified according to the relative seriousness of the offense into three (3) categories:

1) Class A Misdemeanor

2) Class B Misdemeanor

3) Class C Misdemeanor

 

§8-1-3 Range of Sentences of Imprisonment for Misdemeanors

a) Sentences for misdemeanors shall be a definite term of imprisonment in an incarceration facility located within Escambia County, Alabama, which the Poarch Band of Creek Indians has approved and entered into a contract with, or to hard labor or community service for the Poarch Band of Creek Indians within the following limitations:

1) For Class A Misdemeanor, not more than twelve (12) months;

2) For Class B Misdemeanor, not more than six (6) months;

3 ) For Class C Misdemeanor, not more than three (3) months.

Revised 2-21-88
Initials
       
[Initials on original document.]

 

§8-1-4 Range of Fines for Misdemeanors

a) Sentences to pay fines for misdemeanors shall be for a definite amount, fixed by the Tribal Court, within the following limitations:

1) For a Class A Misdemeanor, not more than Five Thousand Dollars ($5,000.00);

2) For a Class B Misdemeanor, not more than Two Thousand Five Hundred Dollars ($2,500);

3) For a Class C Misdemeanor, not more than One Thousand Dollars ($1,000.00).

Revised 2-21-88
Initials
       
[Initials on original document.]

 

§8-1-5 Presentence and Prefine Investigation

a) On motion of the Tribal Court, the Court shall require a written report of investigation of any defendant convicted of a misdemeanor, to be performed by the Tribal Court Director, or the designee of the Tribal Court Director, and such defendant shall not be sentenced, fined or otherwise disposed of before such report has been presented to and considered by the Tribal Court.

Revised 4-22-99
Initials
       
[Initials on original document.]

 

§8-1-6 Probation Suspension of Sentence and Fines

a) The Tribal Court may, in its discretion upon sentencing and/or fining any defendant, suspend said sentence and/or fine and place the defendant on probation, supervised or unsupervised, for any period of time not to exceed two (2) years.

Revised 4-22-99
Initials
              
[Initials on original document.]

 

§8-1-7 Appearance Bonds

a) Any defendant arrested for violation of any provision of the Tribal Code of the Poarch Band of Creek Indians shall be eligible for bond.

b) Bonds shall be either cash bonds or personal recognizance bonds and shall be set by the Tribal Court Judge with said schedule to be administered by the Chief of Police. Any person arrested may be released from jail at any time prior to arraignment by posting the amount(s) of bond specified in the bond schedule for the offense(s) charged; provided, however, that if the arresting officer shall certify to the jailer, or the jailer shall certify based on his own observation, that the defendant is unconscious or in an intoxicated or apparently intoxicated condition, or for any reason does not appear to be in a conscious and sober condition, such defendant shall not be allowed to post bond according to the bond schedule until a minimum of four (4) hours after arrival to the jail.

c) Any person arrested who is unable to be released under provisions of said schedule shall be brought before the Tribal Judge within seventy-two (72) hours, excluding weekends and holidays.

d) Cash bonds shall be in monetary amounts within the following bond schedule based upon the offense with which the defendant is charged:

1) Class A Misdemeanor, not more than Five Thousand Dollars ($5,000 00);

2) Class B Misdemeanor, not more than Two Thousand Five Hundred Dollars ($2,500.00);

3) Class C Misdemeanor, not more than One Thousand Dollars ($1,000.00)

e) Personal recognizance bonds shall require the defendant to appear in court and each defendant placed under personal recognizance bond shall be required to sign a bond form under oath agreeing to appear in Court on a date and time certain, said form to be provided by the Chief of Police.

f) Failure to appear in Court pursuant to the terms of defendant's bond shall result in forfeiture of the bond and a warrant of arrest issued by the Tribal Court.

g) Any defendant under cash bond who fails to appear in Court shall forfeit to the Tribal Court the monetary amount of the bond and in the discretion of the Court be subject to incarceration for a period of time not to exceed the range of sentence for the offense with which the defendant is charged.

h) Any defendant under personal recognizance bond who fails to appear in Court shall in the discretion of the Tribal Court be subject to fine and incarceration in a monetary amount and period of time not to exceed the range of fines and sentences for the offense with which the defendant is charged.

Revised 4-22-99
Initials
       
[Initials on original document.]

 

§8-1-8 Criminal Liability

a) GENERAL DEFINITIONS

1) ACT

A bodily movement, and such term includes possession of property

2) VOLUNTARY ACT

An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it.

3) OMISSION

A failure to perform an act as to which a duty of performance is imposed by law.

4) CONDUCT

An act or omission and its accompanying mental state.

5) TO ACT

Either to perform an act or to omit to perform an act.

6) CULPABLE MENTAL STATE

Such term means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence".

b) DEFINITIONS OF CULPABLE MENTAL STATE

1) INTENTIONALLY

A person acts intentionally with respect to a result or conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.

2) RECKLESSLY

A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication acts recklessly with respect thereto.

3) KNOWINGLY

A person acts knowingly with respect to conduct or to a circumstance described by statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

4) CRIMINAL NEGLIGENCE

A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence.

 

§8-1-9 Complicity, Aiding and Abetting

a) A person is legally accountable for the behavior of another constituting a criminal offense, if with the intent to promote or assist the commission of the offense:

1) He procures, induces or causes such other person to commit the offense; or

2) He aids or abets such other person in committing the offense; or

3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make.

 

§8-1-10 Defenses

a) Mental

A person is not responsible for criminal conduct if at the time of such conduct he lacks substantial capacity as a result of mental disease or defect to appreciate the criminality of his conduct or to conform his conduct to requirements of law.

b) Intoxication

Involuntary intoxication is a defense to prosecution if as a result of involuntary intoxication the person lacks the capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. Involuntary intoxication is intoxication resulting from force, fraud, or artifice.

c) Immaturity

The prosecution of any person as an adult shall be barred if the offense was committed when the person was less than fourteen (14) years of age.

d) Execution of Public Duty

It shall be a defense to the prosecution for the commission of an act which would otherwise be a criminal offense when said act is committed by a lawful officer of the Tribal Court or Tribal Police pursuant to a Judicial Decree, or in reasonable exercise of the person's official powers, duties, and functions.

e) Use of Force

If a person is justified in using whatever physical force is necessary in order to defend himself or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by that other person then use of force shall be a defense to prosecution.

f) Use of Force - Property

A person is justified in using physical force to the extent that he reasonably believes necessary to prevent or terminate the commission or attempted commission by another person of theft or destruction of property with respect to that person's premises or the property of the Tribe.

g) Use of Force - Officers

All Tribal Police Officers and Officers of the Court are justified in using that degree of physical force when they reasonably believe to be necessary upon any person to make arrest for violation of a criminal ordinance of the Tribe, to prevent escape from custody, or to defend said Officer from physical force against himself in the performance of his duties.

 

§8-1-11 Attempt

a) A person is guilty of an attempt to commit a criminal offense if with the intent to commit a specific offense he does any overt act toward the commission of such offense. An attempt is:

1) Class B Misdemeanor if the offense attempted is a Class A Misdemeanor.

2) Class C Misdemeanor if the offense attempted is a Class B Misdemeanor.

3) Class C Misdemeanor if the offense attempted is a Class C Misdemeanor.

 

§8-1-12 Conspiracy

a) A person is guilty of criminal conspiracy if, with the intent to commit or to have another person commit any action constituting an offense under this Tribal Code, he conspires with one or more persons to engage in or cause the commission of such action.

b) No agreement amounts to a conspiracy unless some act besides such agreement is done to effect the object thereof by one or more of the parties to the agreement.

c) Conspiracy is a Class A Misdemeanor.

Revised 2-21-88
Initials
       
[Initials on original document.]

 

§8-1-13 Habitual Offenders

a) Any person who has been convicted of three (3) or more Class A Misdemeanors and who is charged with a crime for which concurrent jurisdiction lies with the federal court shall automatically be referred to the appropriate federal authorities for prosecution.

Revised 4-22-99
Initials
       
[Initials on original document.]

 

§8-1-14 Gender

a) Any and all references to gender contained in the Tribal Code shall be interchangeable and the provisions hereof shall apply equally to male, female, neuter or any combination thereof.

 

§8-2 OFFENSES AGAINST THE PERSON

§8-2-1 Assault

a) A person commits the crime of assault if he:

1) Purposely or knowingly causes bodily harm to another person; or

2) Recklessly causes bodily harm to another; or

3) Negligently causes bodily harm to another with a weapon; or

4) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 8-8-1 he causes bodily injury to the person of another with a motor vehicle; or

5) With intent to prevent a police officer from performing a lawful duty, he causes physical injury to any person.

b) Assault is a Class A Misdemeanor.

Revised 4-22-99
Initials
       
[Initials on original document.]

 

§8-2-2 Harassment

a) A person commits the crime of harassment if with the intent to harass, annoy or alarm another person he;

1) strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

2) directs abusive or obscene language or makes an obscene gesture toward another person.

b) Harassment is a Class C Misdemeanor.

Section Number Changed 2-21-88
Initials
                        &nbsp
[Initials on original document.]

 

§8-2-3 Coercion

a) A person commits the crime of criminal coercion if without legal authority, he threatens to confine, restrain, or cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.

b) Criminal Coercion is a Class A Misdemeanor.

Section Number Changed 2-21-88
Initials
                        &nbsp
[Initials on original document.]

 

§8-2-4 Kidnaping

a) A person commits the crime of kidnapping if he abducts another person with intent to hold him for ransom or reward, use him as a shield or hostage, accomplice or aid the commission of any offense or flight therefrom, inflict physical injury upon him or to violate or abuse him sexually, terrorize him or a third person, interfere with the performance of any governmental or political function or for any reason or purpose which is contrary to or in violation of any Tribal ordinance.

b) Kidnapping is a Class A Misdemeanor.

Section Number Changed 2-21-88
Initials
                        &nbsp
[Initials on original document.]

 

§8-2-5 Custodial Interference

a) A person commits the crime of custodial interference if, knowing that he has no legal right to do so, he takes, entices or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution.

b) Custodial interference is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-2-6 Abduction

a) A person commits the crime of abduction if said person shall willfully take away or detain another person against his will or take, detain or entice a child under eighteen (18) from custody of its parents or other lawful custodian, when he lacks lawful permission to do so.

b) Abduction is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-2-7 Menacing

a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.

b) Menacing is a Class B Misdemeanor.

Approved 2-16-92
Initials
         
[Initials on original document.]

 

§8-2-8 Reckless Endangerment

a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

b) Reckless endangerment is a Class A Misdemeanor.

Approved 2-16-92
Initials
         
[Initials on original document.]

 

§8-2-9 Unlawful Imprisonment

a) A person commits the crime of unlawful imprisonment if he restrains another person against his or her will.

b) A person does not commit a crime under this section if:

1) The person restrained is a child less than eighteen (18) years old, and

2) The actor is a relative of the child, and

3) The actor's sole purpose is to assume lawful control of the child. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

c) Unlawful imprisonment is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-3 SEXUAL OFFENSES

§8-3-1 Definitions

a) SEXUAL INTERCOURSE

Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

b) DEVIATE SEXUAL INTERCOURSE

Any act of sexual gratification between persons involving the sex organs of one person and the mouth of another.

c) SEXUAL CONTACT

Any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of the other party.

d) MENTALLY DEFECTIVE

Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.

e) MENTALLY INCAPACITATED

Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administrated to him without consent, or to any incapacitating act committed upon him without his consent.

f) PHYSICALLY HELPLESS

Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

g) FORCIBLE COMPULSION

Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear or immediate death or serious physical injury to himself or another person.

 

§8-3-2 RAPE

a) A person commits the crime of rape if:

1) The person engages in sexual intercourse with another person by force, compulsion or violence; or

2) The person engages in sexual intercourse with another person who is incapable of consent by reason of being intoxicated or under the influence of drugs or a combination thereof, or physically helpless or suffering from mental defect; or

3) A person, being sixteen (16) years of age or older engages in sexual intercourse with another person who is twelve (12) years old or younger; or

4) A person, being sixteen (16) years old or older, engages in sexual intercourse with a child sixteen (16) years old or younger, but more than twelve (12) years old; provided, however, that the actor is at least two (2) years older than the child

b) Rape is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-3-3 Sodomy

a) A person commits the crime of sodomy if:

1) The person engages in deviated sexual intercourse with another person by force, violence or forcible compulsion; or

2) The person engages in deviate sexual intercourse with a person who is incapable of consent by reason of being intoxicated or under the influence of drugs, or a combination thereof, or who is physically helpless or who is mentally incapacitated; or

3) A person being sixteen (16) years of age or older engages in deviate sexual intercourse with a child who is twelve (12) years old or younger; or

4) A person being sixteen (16) years of age or older subjects a child to sexual contact who is sixteen (16) years of age or younger, but more than twelve years of age; provided, however, that the actor is at least two (2) years older than the child.

b) Sodomy is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-3-4 Sexual Misconduct

a) A person commits the crime of sexual misconduct if:

1) a person engages in sexual intercourse with another person without that person's consent or with that person's consent where said consent was obtained by the use of any fraud or artifice; or

2) a person engages in deviate sexual intercourse with another person under circumstances other than those covered by the offense of sodomy.

b) Sexual Misconduct is a Class A Misdemeanor.

 

§8-3-5 Sexual Abuse

a) A person commits the crime of sexual abuse if:

1) the person subjects another person to sexual contact by forcible compulsion;

2) or the person subjects another person to sexual contact who is incapable of consent by reason of intoxication or who is under the influence of drugs, or a combination thereof, or who is physically helpless or who is mentally incapacitated; or

3) a person being sixteen (16) years or older subjects another person to sexual contact who is twelve (12) years old or younger; or

4) a person being sixteen (16) years of age or older subjects a child to sexual contact who is sixteen (16) years of age or younger but more than twelve (12) years of age; provided, however, that the actor is at least two (2) years older than the child.

b) Sexual Abuse is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-3-6 Indecent Exposure

a) A person commits the crime of indecent exposure if said person willfully exposes his/her sexual organ publicly under circumstances in which said conduct is likely to offend others.

b) Indecent Exposure is a Class C Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-3-7 Enticing Child for Immoral Purposes

a) It shall be unlawful for any person with lascivious intent to entice, allure, persuade or invite, or attempt to entice, allure, persuade or invite, or attempt to entice, allure, persuade any child under sixteen (16) years of age to enter any vehicle, room, house, office, or any other place whether indoors or outdoors for the purpose of proposing to such child the performance of any act of sexual intercourse or an act which constitutes any sexual offense set out by Tribal Council Ordinance or for the purpose of fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing assault or any crime against the person of such child as set out by Tribal Council Ordinance or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.

b) Enticing a Child for Immoral Purposes is a Class A Misdemeanor.

 

§8-3-8 Adultery

a) A person commits the crime of adultery if any person shall have sexual intercourse with another person, either of such persons being married to a third person.

b) Adultery is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-3-9 Bigamy

a) A person commits the crime of bigamy if said person marries another person while having a husband or wife living.

b) Paragraph (a) of this section shall not apply to any person whose husband or wife has been absent for five (5) years, without being known to such person within that time to be living, nor to any person whose former marriage has been dissolved by any court of competent jurisdiction.

c) Bigamy is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-3-10 Incest

a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:

1) His ancestor or descendant by blood or adoption; or

2) His brother or sister of the whole or half-blood or by adoption; or

3) His stepchild or stepparent, while the marriage creating the relationship exists; or

4) His aunt, uncle, nephew, or niece of the whole or half-blood.

b) Incest is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-4 PROPERTY OFFENSES

§8-4-1 Criminal Trespass

a) A person commits the crime of criminal trespass if he knowingly enters or remains unlawfully upon any public or private property, whether it be a dwelling, building, land or other real property, not his own:

1) Where notice against trespassing has been reasonably communicated by the owner, caretaker, or occupant; or

2) Where the premises is locked, fenced, or otherwise enclosed to exclude intruders; or

3 ) Where the person has not been authorized, invited or permitted or licensed to enter; or

4) Where the person enters a public premises at times other than those posted as the premises being open, or after the close of business activity.

b) Criminal Trespass is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-4-2 Burglary

a) A person commits the crime of burglary if said person knowingly enters or remains unlawfully in a dwelling or building with intent to commit a crime therein.

b) Burglary is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-4-3 Possession of Burglar Tools

a) A person commits the crime of possession of burglar's tools if that person knowingly possesses any explosive, tool, instrument or device designed or commonly used for forcibly entering into an occupied structure or vehicle or any depository designed for the safekeeping of property, or any part thereof with the purpose to commit an offense therewith.

b) Possession of burglar's tools is a Class B Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-4-4 Criminal Mischief

a) A person commits the crime of criminal mischief if he knowingly or purposely:

1) Injures, damages or destroys any property of another or public property without consent; or

2) Without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use; or

3) Damages or destroys property with the purpose to defraud an insurer.

b) Criminal Mischief is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-4-5 Arson

a) A person commits the crime of arson if that person intentionally damages a building, house, outbuilding or other structure by starting or maintaining a fire or causing an explosion. A person does not commit a crime under this section if his sole intent was to destroy or damage the building for a lawful and proper purpose.

b) Arson is a Class A Misdemeanor.

Section Number Changed 2-21-88
Initials
                        &nbsp
[Initials on original document.]

 

§8-4-6 Criminal Tampering

a) "Tamper" as used in this section is defined as to improperly interfere, meddle with or make an unwarranted alteration in the condition of the property of another.

b) A person commits the crime of Criminal Tampering if, having no right to do so or any reasonable ground to believe that he has such a right, he intentionally:

1) Causes substantial interruption or impairment of a service rendered to the public by a utility; or

2) Intentionally tampers with property of another for the purpose of causing inconvenience to that person or to another; or

3) Intentionally tampers or makes connection with property of a utility.

c) Criminal Tampering is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-5 THEFT AND ROBBERY OFFENSES

§8-5-1 Theft of Property

a) A person commits the crime of theft of property if that person knowingly:

1) Takes or exercises control over property not his own, with the intent of depriving the owner of the value or use of the property; or

2) Take by deception control over the property of another, with the intent of depriving the owner of the value or use of the property.

b) Theft of property which exceeds One Thousand Dollars ($1,000.00) in value is a Class A Misdemeanor.

c) Theft of property which exceeds Five Hundred Dollars ($500.00) in value but more than One Thousand Dollars ($1,000.00) in value is a Class B Misdemeanor.

d) Theft of property which does not exceed Five Hundred Dollars ($500.00) in value is a Class C Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-5-2 Unauthorized Use of a Vehicle; Unlawful Breaking and Entering a Vehicle

a) A person commits the crime of unauthorized use of a vehicle if he knowingly operates, takes, or exercises control over a propelled vehicle without the consent of the owner.

b) Unlawful Use of a Vehicle is a Class A Misdemeanor.

c) A person commits the crime of Unlawful Breaking and Entering a Vehicle if, without consent of the owner, he breaks into and enters a vehicle or any part of a vehicle with the intent to commit any felony or theft. For the purposes of this section, "enter" means to intrude:

1) Any part of the body; or

2) Any physical object connected with the body;

d) Unlawful Breaking and Entering a Vehicle is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-5-3 Receiving Stolen Property

a) A person commits the crime of receiving stolen property if that person intentionally buys, receives, or conceals, or aids in concealing any property, which he knows or should know has been stolen.

b) Receiving Stolen Property is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-5-4 Robbery

a) A person commits the crime of robbery, if in the course of committing theft, he:

1) Inflicts bodily harm upon another; or

2) Threatens to inflict bodily harm upon any person or purposely or knowingly puts any person in fear of immediate bodily harm; or

3) Is armed with a deadly weapon or dangerous instrument.

b) Robbery is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-5-5 Forgery

a) A person commits the crime of forgery if said person, with intent to defraud, falsely signs, completes, or alters any written instrument.

b) Forgery is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-5-6 Fraud

a) A person commits the crime of fraud if that person, if by willful misrepresentation or deceit, or by false interpreting or by the use of false weights or measures, obtains any money or other property.

b) Fraud is a Class A Misdemeanor.

 

§8-5-7 Embezzlement

a) A person commits the crime of embezzlement if that person, having lawful custody of property not his own, appropriates the same to his own use with intent to deprive the owner thereof.

b) Embezzlement is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-5-8 Theft of Services

a) A person commits the crime of theft of services if that person knowingly:

1) Obtains services known by him to be available only for compensation by deception, threat, or other means to avoid payment for services; or

2) Having control over the disposition of services of another to which he is not entitled, knowingly diverts those services to his own benefit or to the benefit of another not entitled thereof, or

3) "Services" shall be limited to, labor, professional services, transporting, telephone, or other public services, accommodations in motels, hotels, restaurants, or elsewhere, and computer services.

b) Theft of Services which exceeds One Thousand Dollars ($1,000.00) in value is a Class A Misdemeanor

c) Theft of Services which exceeds Five Hundred Dollars ($500.00) in value, but not more than One Thousand Dollars ($1,000.00) in value is a Class B Misdemeanor.

d) Theft of Services which does not exceed Five Hundred ($500.00) in value is a Class C Misdemeanor.

Approved 2-16-92
Initials
         
[Initials on original document.]

 

§8-5-9 Criminal Possession of Forged Instrument

a) A person commits the crime of criminal possession of a forged instrument if he possesses a forged instrument of any kind covered under Section 8-5-5 with knowledge that it is forged and with intent to defraud.

b) Criminal Possession of Forged Instrument is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-5-10 Obtaining Signature by Deception

a) A person commits the crime of obtaining a signature by deception if with intent to defraud or to acquire a substantial benefit for himself or another, he causes another by deception to sign or execute a written instrument.

b) Obtaining a Signature by Deception is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-5-11 Criminal Impersonation

a) A person commits the crime of criminal impersonation if he:

1) Assumes a false identity and does an act in his assumed character with intent to gain an economic benefit for himself or another or to injure or defraud another; or

2) Pretends to be a representative of some person or organization and does an act in his pretended capacity with the intent to gain an economic benefit for himself or another or to injure or defraud another.

b) Criminal Impersonating is a Class B Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6 OFFENSES AGAINST THE PUBLIC AND TRIBE


§8-6-1 Obstruction of Government

a) A person commits the crime of obstruction of government if, by means of intimidation, physical force, interference or by any other independently unlawful act that person intentionally obstructs, impairs, or hinders the administration of law or other governmental function or intentionally prevents a public servant from performing a governmental function.

b) Obstruction of Government is a Class A Misdemeanor.

 

§8-6-2 Giving a False Alarm

a) A person commits the crime of giving a false alarm if that person knowingly causes a false alarm of fire or other emergency to be transmitted to any organization, official or volunteer, for dealing with emergencies involving danger to life and property.

b) Giving a False Alarm is a Class C Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-3 False Reporting to Law Enforcement

a) A person commits the crime of false reporting to law enforcement if he knowingly:

1) Reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

2) Pretends to furnish such authorities with information relating to an offense or incident when he knows that he has no information relating to such offense or incident, or gives false information which he knows to be false; or

3) Intentionally gives a false name or address to a law enforcement officer in the course of the officer's official duties; or

4) Makes, submits, signs or endorses any written statement which he knows not to be true, to a law enforcement officer in the course of the officer's official duties.

b) False Reporting is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-4 Impersonating a Law Enforcement Officer

a) A person commits the crime of impersonating a law enforcement officer if that person falsely pretends to be a law enforcement officer and does any act in that capacity.

b) Impersonating a Law Enforcement Officer is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-5 Tampering With Tribal Records

a) A person commits the crime of tampering with Tribal Records if, that person:

1) Knowingly makes or causes to be made a false entry in any governmental record or document of the Tribe; or

2) Knowingly falsely alters any governmental record or document of the Tribe: or

3) Knowingly falsely erases, obliterates, deletes, or removes or otherwise substantially impairs, the record or the availability of any Tribal document or record or entry thereto, or knowingly causes such action to be taken; or

4) Knowingly omits, or causes to be omitted or prevents the making of a true entry in any governmental record or document of the Tribe when he knows a true entry is required.

b) Tampering with Tribal Records is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-6 Escape

a) A person commits the crime of escape if:

1) That person, being in the lawful custody of a Tribal Police Officer, shall unlawfully remove himself from official detention by escape or attempt to escape, or who shall permit or assist or attempt to permit or assist another person to escape from lawful custody; or

2) That person shall fail to return to official detention following leave granted for a specified purpose or a limited time (excluding probation, parole, or release on bail).

b) Escape is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-7 Contempt of Court

a) A person commits the crime of contempt of court if said person shall willfully disobey any order, subpoena, warrant or command duly issued, made or given by the Tribal Court, Tribal Judge or Officer thereof.

b) Contempt of Court is a Class A Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-8 Resisting Arrest

a) A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a Tribal Police Officer or other authorized law enforcement officer legally authorized to execute process, in the execution of legal process, or in the lawful execution of any legal duty by:

1) Using or threatening to use physical force or violence against the officer or another; or

2) Using any other means which creates a risk or causing physical injury to the officer or another.

b) Resisting Arrest is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-9 Bribery of Tribal Officials

a) A person commits the crime of bribery of tribal officials if that person offers, confers, or agrees to confer anything of value upon a tribal official with the intent that the tribal official's vote, opinion, judgment, exercise of discretion or other action in his official capacity will be thereby corruptly influenced or while a tribal official, a person solicits, accepts, or agrees, to accept any pecuniary benefit upon an agreement or understanding that the said tribal official's vote, opinion, judgment or exercise of discretion or other action as a tribal official will thereby be corruptly influenced.

b) Bribery of Tribal Officials is a Class A Misdemeanor.

 

§8-6-10 Failure to Disclose Conflict of Interest

a) A Tribal Official commits the crime of failure to disclose conflict of Interest if the Tribal Official exercises any substantial discretionary function in connection with a tribal contract, purchase, payment or other pecuniary transaction without advance public disclosure of a known potential conflicting interest in the transaction.

b) Failure to Disclose Conflict of Interest is a Class A Misdemeanor.

 

§8-6-11 Misuse of Confidential Information

a) A Tribal Official or employee commits the crime of misuse of confidential information if in contemplation of official action by himself or by a government unit of the tribe with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public said Tribal Official:

1) Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or

2) Speculates or wagers on the basis of such information or action; or

3) Aids another to do any of the foregoing.

b) Misuse of Confidential Information is a Class A Misdemeanor.

 

§8-6-12 Perjury

a) A person commits the crime of perjury if he knowingly makes a false statement while under oath, or who induces another to do so, or who signs an affidavit under oath knowing the same is false.

b) Perjury is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-13 Rioting

a) A person commits the crime of rioting if, with five (5) or more other persons he wrongfully engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.

b) Rioting is a Class A Misdemeanor.

 

§8-6-14 Inciting a Riot

a) A person commits the crime of inciting a riot if he commands, solicits, incites or urges another person to engage in rioting.

b) Inciting a Rioting is a Class A Misdemeanor.

 

§8-6-15 Disorderly Conduct

a) A person commits the crime of disorderly conduct if with intent to cause public inconvenience, annoy or alarm, or recklessly creating a risk thereof, said person:

1) Engages in fighting or in violent tumultuous or threatening behavior; or

2) Makes unreasonable noise; or

3) Uses abusive or obscene language or makes an obscene gesture knowing them to be obscene or likely to cause a fight; or

4) Disrupts any lawful public or religious meeting; or

5) Obstructs vehicular or pedestrian traffic; or

6) Congregates with one or more persons in a public place and refuses to comply with a lawful order of the police to disperse.

b) Disorderly Conduct is a Class C Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-16 Public Intoxication

a) A person commits the crime of public intoxication if he appears in a public place while under the influence of alcohol, narcotics or other drugs to the degree that he endangers himself or another person or property or by boisterous and offensive conduct annoys another person in his vicinity.

b) Public Intoxication is a Class C Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-17 Caring Concealed Weapons

a) A person commits the crime of carrying concealed weapons if said person, other than an authorized law enforcement officer, shall carry concealed about his person any of the following weapons or firearms:

1) Air gun, blowgun, explosive device, bayonet, dagger, switchblade, bowie knife, slingshot, club, blackjack, chain, sword, spear, knuckles made of any metal or hard substance; knife having a blade of four (4) inches long or longer, throwing stars, chain belts; or

2) Any gun or dangerous firearm whether the same is loaded or unloaded.

b) Carrying Concealed Weapons is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-18 Prostitution

a) A person commits the crime of prostitution if that person:

1) Shall engage in sexual activity as a business or who shall knowingly keep, maintain, rent, or lease any house, room, tent or other place for the purpose of so engaging; or

2) Any person who shall procure any person to engage in such activities, or live off the earnings of any person engaged in such activities.

b) Prostitution is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-19 Public Lewdness

a) A person commits the crime of public lewdness if that person exposes his anus or genitals in a public place and is reckless about whether another person may be present who will be offended or alarmed by the act.

b) Public Lewdness is a Class C Misdemeanor.

 

§8-6-20 Non-Support

a) A person commits the crime of non-support if said person knowingly and without justification, fails, refuses, or neglects to furnish food, shelter or care to those dependent upon said person, including any dependent child born out of wedlock.

b) Nonsupport is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]

 

§8-6-21 Abandonment of Children

a) A person commits the crime of abandonment of children when being a parent, guardian, or other person legally charged with the care or custody of a child(ren) less than eighteen (18) years of age said person abandons such child(ren) in any place with intent to wholly abandon them.

b) Abandonment of Children is a Class A Misdemeanor.

Revised 2-21-88
Initials
         
[Initials on original document.]


Code Section 8-6-22 through 8-6-42 were approved and added to the Tribal Code on February 21, 1988

Initials          
[Initials on original document.]

 

§8-6-22 Contributing to the Delinquency of a Minor

a) It shall be unlawful for any parent, guardian or other person to:

1) Willfully aid, encourage or cause any child to become or remain delinquent, dependent, or in need of supervision; or

2) By words, acts, threats, commands or persuasions, to induce or endeavor to induce, aid or encourage any child to do or perform any act or to follow any course of conduct which would cause or tend to cause such child to become or remain delinquent, dependent or in need of supervision; or

3) By the neglect of any lawful duty or in any other manner contribute to the delinquency, dependency, or need of supervision of a child.

b) Contributing to the Delinquency of a Minor is a Class A Misdemeanor.

 

§8-6-23 Failure to Send Children to School

a) It shall be unlawful for any parent, guardian or other person having control or charge of any child required to attend school (between the ages of six (6) [turned six (6) before October 1] and sixteen (16) who shall:

1) Without good cause, fail to send such child to school; or

2) Fail to require such child to regularly attend school; or

3) Fail to compel such child to properly conduct himself as a pupil.

b) Failure to Send Children to School is a Class B Misdemeanor.

 

§8-6-24 Abandonment of Iceboxes, Refrigerators and other Similar Containers

a) It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar container which has a latch or lock which automatically fastens upon the door being closed and which cannot be readily opened from the inside.

b) Abandonment of Iceboxes, Refrigerators and other Similar Containers is a Class A Misdemeanor.

 

§8-6-25 Communicable Disease

a) It shall be unlawful for any person infected with a communicable disease including, but not limited to, syphilis, gonorrhea, tuberculosis, AIDS (acquired immune deficiency syndrome) or other communicable disease dangerous to the public health, knowingly to expose another person to infection.

b) The Court may order and compel the medical examination and treatment of any person afflicted with any such disease.

c) Any person adjudged to be afflicted with any communicable disease of the nature specified in this section, who knowingly continued to expose others to infection shall be guilty of a crime under this section.

d) Communicable Disease is a Class A Misdemeanor.

 

§8-6-26 Desecration of Flags

a) A person commits the crime of desecration of flags if any person who in any manner for exhibition or display shall place or cause to be placed any mark, word, or design upon, or shall publicly mutilate, deface or defile an official flag, color or ensign of the United States, the State of Alabama or the Poarch Band of Creek Indians.

b) Desecration of Flags is a Class A Misdemeanor.

 

§8-6-27 Removal or Destruction of Antiquities

a) A person commits the crime of removal or destruction of antiquities if said person without proper authority, removes, excavates, injures, or destroys any historic or prehistoric ruin or monument, place of worship or burial or any object of antiquity.

b) Removal or Destruction of Antiquities is a Class A Misdemeanor.

 

§8-6-28 Defacing Official Signs

a) A person commits the crime of defacing official signs if said person shall, without proper authorization, pull down or deface any sign of any nature of the Tribe, State or Federal Government, or any advertisement authorized by law.

b) Defacing Official Signs is a Class A Misdemeanor.

 

§8-6-29 Littering

a) A person commits the crime of littering if said person intentionally disposes of any garbage, trash, debris, or other refuse or waste anywhere within the exterior boundaries of the Reservation, including waterways, public roads, except in public waste disposal grounds designed by Tribal Council.

b) Littering is a Class A Misdemeanor.

 

§8-6-30 Extortion

a) A person commits the crime of extortion if said person shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any money, goods, property or anything else of value.

b) Extortion is a Class A Misdemeanor

 

§8-6-31 Cruelty to Animals

a) A person commits the crime of cruelty to animals if without justification he knowingly or negligently subjects an animal to mistreatment or neglect by:

1) Overworking, beating, tormenting, injuring or killing any animal; carrying any animal in a cruel manner; or

2) Failing to provide an animal in his custody with proper food, drink or shelter; or

3) Abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger or exposure or become a public charge; or

4) Promoting, sponsoring, or conducting or participating in any fight between any animals.

b) Cruelty to Animals is a Class A Misdemeanor.

 

§8-6-32 Issuing a Bad Check

a) A person commits the crime of issuing a bad check if said person shall, for a present consideration, make or utter or deliver any check, draft, or order for payment of money upon any bank or other depository, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has not sufficient fiends in or on credit with such bank or other depository for the payment of such check, draft or other in full upon its presentation.

b) Issuing a Bad Check is a Class A Misdemeanor.

 

§8-6-33 False Swearing

a) A person commits the crime of false swearing if said person knowingly makes a false statement under oath or equivalent affirmation, or swears or affirms that the truth of such a statement previously made when he does not believe the statement to be true, and:

1) The falsification occurs in an official proceeding; or

2) The falsification is purposely made to mislead a public servant in performing his official function; or

3) The statement was one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.

b) False Swearing is a Class A Misdemeanor.

 

§8-6-34 Unlawful Burning

a) A person commits the crime of unlawful burning if said person:

1) Willfully and unlawfully causes or attempts to cause damage to any property by fire or explosion; or

2) Negligently causes damage to any property by fire or explosion; or

3) Sets fire to any forest, brush, or grasslands, or sets a campfire, with careless disregard for the spread or escape of such fire.

b) Unlawful Burning is a Class A Misdemeanor.

 

§8-6-35 Tampering with Evidence

a) A person commits the crime of Tampering with Evidence if believing that a case is pending or may be filed, and acting without legal right or authority, he:

1) Destroys, mutilates, conceals, removes or alters evidence with intent to impair its use, truthfulness or availability in the pending or prospective case; or

2) Knowingly makes, presents or offers any false evidence with intent that it be introduced in the pending or prospective case.

b) Tampering with Evidence is a Class A Misdemeanor.

 

§8-6-36 Official Misconduct

a) A public servant commits the crime of official misconduct when, in his official capacity, he commits any of the following acts:

1) Purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction; or

2) Knowingly performs an act in his official capacity which he knows is forbidden by law; or

3) With the purpose to obtain advantage for himself or another, he performs an act in excess of his lawful authority; or

4) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.

b) Official Misconduct is a Class A Misdemeanor.

 

§8-6-37 Threats and other Improper Influence in Official and Political matters

a) A person commits a crime under this section if he purposely or knowingly:

1) Threatens unlawful harm to any person with the purpose of influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official, or voter; or

2) Threatens harm to any public servant with the purpose to influence his decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding; or

3) Threatens harm to any public servant or party official with the purpose to influence him to violate his duties; or

4) Privately addresses to any public servant who has or will have official discretion in a judicial or administrative proceeding, any representation, entreaty, argument, or other communication designed to influence the outcome of the basis of considerations other than those authorized by law; or

5) As a juror or officer in charge of a jury receives or permits to be received any communication relating to any matter pending before such jury, except according to the regular course of proceedings.

b) It is no defense to prosecution under subsection (a-1) through (a-5) that a person whom the offender 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) Threats and other Improper Influence in Official and Political Matters is a Class A Misdemeanor.

 

§8-6-38 Falsely Reporting an Incident

a) A person commits the crime of falsely reporting an incident if with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency under circumstances in which it is likely to cause evacuation of a building, place of assembly or transportation facility, or to cause public inconvenience or alarm.

b) Falsely Reporting an Incident is a Class A Misdemeanor.

 

§8-6-39 Interfering with Judicial Proceedings

a) A person commits the crime of interfering with judicial proceedings if said person knowingly engages in any of the following conduct:

1) Disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or

2) Breach of the peace, noise, or other disturbance, directly tending to interrupt a court's proceeding; or

3) Purposely disobeying or refusing any lawful process or other mandate of a court; or

4) Unlawfully refusing to be sworn or affirmed as a witness in any court proceeding; or

5) Purposely publishing a false or grossly inaccurate report of a court's proceeding; or

6) Purposely failing to obey any mandate, process or notice relative to juries.

b) Interfering with Judicial Proceedings is a Class A Misdemeanor.

 

§8-6-40 Interfering with an Officer

a) A person commits the crime of interfering with an officer if said person willfully prevents or attempts to prevent a police officer from effecting an arrest or from other wise discharging his official duty by:

1) Creating a substantial risk of bodily harm to the officer or any other person; or

2) Employing means of resistance which justify or require substantial force to overcome.

b) Interfering with an Officer is a Class A Misdemeanor.

 

§8-6-41 Refusing to Aid an Officer

a) A person is guilty of refusing to aid an officer if said person willfully or negligently refuses, when called upon by Law Enforcement Official, to assist in the arrest of any person charged or convicted of any offense or in securing such offender when apprehended, or in conveying such offender to the nearest place of confinement.

b) Refusing to Aid an Officer is a Class B Misdemeanor.

 

§8-6-42 Threat or Intimidation to Law Enforcement Officer, Tribal Judge, Tribal Justice, Tribal Council Member or Tribal Employee

a) A person commits a crime under this section if said person uses force, violence, intimidation, or makes threats to a Law Enforcement Officer, Tribal Judge, Tribal Justice, Tribal Council Member or Tribal Employee for the purpose of interfering with or influencing the performance of an official duty.

b) Threats or Intimidation to Law Enforcement Officer, Tribal Judge, Tribal Justice, Tribal Council Member or Tribal Employee is a Class A Misdemeanor.

Revised 4-22-99
Initials
              
[Initials on original document.]

 

§8-6-43 Failure to Make Required Child Abuse, Neglect or Molestation Reports

a) It shall be unlawful for any person to knowingly fail to make a child abuse, neglect or molestation report as required in §10-1-22 of this code.

b) Failure to Make Required Child Abuse, Neglect or Molestation Reports is a Class B Misdemeanor.

Approved 12-27-88
Initials
         
[Initials on original document.]

 

§8-6-44 Hindering Prosecution or Apprehension

a) A person commits the crime of hindering prosecution or apprehension, if with intent to hinder the apprehension, prosecution, conviction or punishment of another, he renders criminal assistance to such person by:

1) Harboring or concealing such person; or

2) Warning such person of impending discovery, apprehension, prosecution or conviction; or

3) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery, apprehension, prosecution, or conviction; or

4) Prevents or obstructs, by means of force, deception or intimidation any person, except a trespasser, from performing an act that might aid in the discovery, apprehension, prosecution or conviction of such person; or

5) Suppresses, by act or concealment, alteration or destruction, any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of such person.

b) Hindering Prosecution or Apprehension is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-45 Bribing a Witness

a) A person commits the crime of bribing a witness if he offers, confers or agrees to confer any thing of value upon a witness or a person he believes will be called as a witness in any official proceeding with intent to:

1) Corruptly influence the testimony of that person; or

2) Induce that person to avoid legal process summoning him to testify; or

3) Induce that person to absent himself from an official proceeding to which he has been legally summoned.

b) Bribing a Witness is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-46 Bribe Receiving by a Witness

a) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that:

1) His testimony will thereby be corruptly influenced; or

2) He will attempt to avoid legal process summoning him to testify; or

3) He will attempt to absent himself from any official proceeding to which he has been legally summoned.

b) Bribe Receiving by a Witness is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-47 Intimidating a Witness

a) A person commits the crime of intimidating a witness if he attempts, by use of threat, force, violence or intimidation, directed to a witness or person he believes will be called as a witness in any official proceeding, to:

1) Corruptly influence the testimony of that person; or

2) Induce that person to avoid legal process summoning him to testify; or

3) Induce that person to absent himself from any official proceeding to which he has been legally summoned.

b) Intimidating a Witness is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-48 Tampering with a Witness

a) A person commits the crime of tampering with a witness if he attempts, through any act or statement, to induce a witness or a person he believes will be called as a witness in any official proceeding to:

1) Testify falsely or unlawfully withhold information; or

2) Avoid legal process summoning him to official proceedings; or

3) Absent himself from any official proceeding to which he has been summoned.

b) Tampering with a Witness is a Class A Misdemeanor.

Approved 4-22-99
Initials
              
[Initials on original document.]

 

§8-6-49 Bribing a Juror

a) A person commits the crime of bribing a juror if he offers, confers or agrees to confer any thing of value upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will thereby be corruptly influenced.

b) Bribing a Juror is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-50 Bribe Receiving by a Juror

a) A person commits the crime of bribe receiving by a juror if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be corruptly influenced.

b) Bribe Receiving by a Juror is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-51 Intimidating a Juror

a) A person commits the crime of intimidating a juror if he attempts, by use of threat, force, violence or intimidation, to influence a juror's vote, opinion, decision, or other action as a juror.

b) Intimidating a Juror is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-52 Jury Tampering

a) A person commits the crime of jury tampering, if with intent to influence a juror's vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.

b) Juror Tampering is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-53 Loitering

a) A person commits the crime of loitering if he:

1) Loiters, remains or wanders about a public place for the purpose of begging; or

2) Loiters or remains in a public place for illegal gambling; or

3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse; or

4) Loiters or remains in any place for the purpose of unlawfully using, possessing or selling an illegal drug, or narcotic.

b) Loitering is a Class C Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-6-54 Open House Parties

a) No adult having control of any residence who has authorized an open house party at the residence shall allow the open house party to continue if any of the following occur:

1) Illegal substances, drugs or dangerous narcotics are illegally possessed or illegally consumed on the premises; or

2) A minor is in possession of or consumes alcoholic beverages and the adult fails to take reasonable action to prevent or stop such possession and/or consumption.

b) As used in this section the following definitions are used:

1) Adult having control of a residence: any adult who has sanctioned an open house party.

2) Open House Party: a social gathering at a residence.

3) Reasonable Action: the act of ejecting a person from a residence or requesting law enforcement officials to eject a person from a residence.

4) Adult: any person the age of nineteen (19) or older or who is emancipated or who is the head of a household or who is married.

c) Any adult who violates this section shall be guilty of a Class B Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-7 CONTROLLED SUBSTANCES AND ALCOHOL

§8-7-1 Possession of Narcotics and/or Dangerous Drugs

a) A person commits an offense under this section if said person knowingly possesses or uses:

1) Any opium, cocaine, coca leaves, morphine, codeine, heroin, or any derivative thereof, or

2) any drugs known as hallucinogens, psychotomimetics, dysleptic, or psychedelics including lysergic acid diethyiamide (LSD), psilocybin, dimethyltrystamine (DMT), and methydimethoxy methyl-phenylethylamine (STP); or

3) Any drug scheduled as a controlled substance under the provisions of Title 21, Chapter 13 of the United States Code, as amended to the date of arrest.

b) It shall not be an offense under this section for a person to possess prescription drugs so long as said person has a lawful prescription for the same or if said person is otherwise lawfully entitled to possess, dispense or prescribe scheduled substances for health care.

c) Violation of this section is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-7-2 Possession of Marijuana and/or Peyote

a) A person commits an offense under this section if said person knowingly possesses or uses any cannabis, idica or cannabis setive, commonly known in Indian hemp, hasheesh, marijuana leaves, flowers, stems or seeds, peyote or tetrahydrococannabinol (TCH).

b) It shall be a complete defense to the above charge concerning possession of peyote if said usage is for religious purposes and said usage has received prior approval of the Tribal Council.

c) Possession of Marijuana and/or Peyote is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-7-3 Possession of Liquor

a) A person commits an offense under this section if said person possesses, sells, trades, transports, manufactures, or distributes any beer, ale, wine, whiskey, or any other beverage which produces alcoholic intoxication.

b) Possession of Liquor is a Class B Misdemeanor.

Approved 2-21-88
Initials
         
[Initials on original document.]

 

§8-7-4 Unlawful Distribution of Narcotics or Dangerous Drug

a) A person commits an offense under this section if said person knowingly sells, trades, furnishes, transports, gives away, manufactures, delivers or distributes:

1) Any opium, cocaine, coca leaves, morphine, codeine, herion, or any derivative thereof; or

2) Any drugs known as hallucinogens, psychotomimetics, dysleptic, or psychedelics including lysergic acid diethylamide (LSD), psilocybin, dimethyltrystine (DMT), and methydimethoxy methyl-phenylethylamine (STP); or

3) Any drug schedule as a controlled substance under the provisions of Title 21, Chapter 13 of the United States Code, as amended to the date of arrest.

b) It shall not be an offense under this section for a person to possess prescription drugs so long as said person has a lawful prescription for the same or if said person is otherwise lawfully entitled to possess, dispense or prescribe scheduled substances for health care.

c) Violation of this section is a Class A Misdemeanor.

Upon first conviction of a violation of this section, the offender shall be sentenced to a minimum term of imprisonment of six (6) calendar months and a minimum fine of one thousand ($1,000.00) dollars.

Upon conviction of a second violation of this section, the offender shall be sentenced to a minimum term of six (6) months imprisonment, which can not be suspended, and a minimum fine of two thousand ($2,000.00) dollars.

Upon third or more conviction of this section, the offender shall be sentenced to a minimum term of one (1) year imprisonment, which can not be suspended, and a minimum fine of five thousand ($5,000.00) dollars.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-7-5 Unlawful Distribution of Marijuana or Peyote

a) A person commits on offense under this section if said person knowingly sells, trades, furnishes, transports, gives away, manufactures, delivers, distributes, grows, cultivates, harvests, or gathers any cannabis, idica or cannabis setive, commonly known as Indian hemp, hashish, marijuana leaves, flowers, stems, seeds, peyote or tetrahydrococannabinol (TCH).

b) It shall be a complete defense to the above charge concerning distribution of peyote if said distribution is for religious purposes and said distribution has received prior approval of the Tribal Council.

c) Unlawful Distribution of Marijuana and/or Peyote is a Class A Misdemeanor.

Upon first conviction of a violation of this section, the offender shall be sentenced to a minimum term of imprisonment of six (6) calendar months and a minimum fine of one thousand ($1,000.00) dollars.

Upon conviction of a second violation of this section, the offender shall be sentenced to a minimum term of six (6) months imprisonment, which can not be suspended, and a minimum fine of two thousand ($2,000.00) dollars.

Upon third or more conviction of this section, the offender shall be sentenced to a minimum term of one (1) year imprisonment, which can not be suspended, and a minimum fine of five thousand ($5,000.00) dollars.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-7-6 Sale, Furnishing, Etc., of Narcotics, Dangerous Drugs, Marijuana or Peyote by Persons Over Age 18 to Persons Under Age 18

a) Any person who is the age of eighteen (18) or older and who commits an offense under section 8-7-4 or section 8-7-5 and the person whom receives the narcotics, dangerous drugs, marijuana or peyote, is under the age of eighteen (18), shall receive a sentence that includes a minimum term of one (1) year imprisonment, which can not be suspended, and a minimum fine of five thousand ($5,000.00) dollars.

b) Sale, Furnishing, Etc. of Narcotics, Dangerous Drugs, Marijuana or Peyote by Persons Over Age 18 to Person Under Age 18 is a Class A Misdemeanor.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-7-7 Possession of Drug Paraphernalia

a) As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, designed for use, or altered for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a narcotic, dangerous drug, marijuana or peyote. It includes, but is not limited to:

1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or for which a controlled substance can be derived;

2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing for strength, effectiveness, or purity of controlled substances;

5) Scales and balances used, intended for use or designed for use in weighing and measuring controlled substances;

6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging, storing or concealing controlled substances;

10) Hypodermic syringes, needles, or other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;

11) Objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes or devices;

d. Smoking and carburetion masks;

e. Roach clips: meaning objects used to hold burning materials;

f. Miniature cocaine spoons, and cocaine vials;

g. Chamber pipes;

h. Electric pipes;

i. Carburetor pipes;

j. Air-driven pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers.

b) It shall be a complete defense to the above charge concerning possession of peyote drug paraphernalia if said possession is for religious purposes and said possession has received prior approval of the Tribal Council.

c) Factors in determining whether object is drug paraphernalia - In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

1) Statements by an owner or anyone in control of the object concerning its use;

2) Prior conviction, if any, of any owner or any person in control of the object, relating to controlled substances;

3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled substance;

4) The existence of any residue of any controlled substance on the object;

5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the controlled substance laws;

6) Oral or written instructions, diagrams, or any other descriptive material accompanying the object which explains or depicts its use;

7) National and local advertising concerning the object's use;

8) The manner in which the item is displayed for sale;

9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items in the community, such as a licensed distributor or dealer of tobacco products;

10) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprises;

11) The existence and scope of legitimate uses for the object in the community;

12) Expert testimony concerning its use.

d) Use or possession with intent to use - It shall be unlawful for any person to use, or possess with intent to use, or use to inject, ingest, inhale or otherwise introduce into the human body, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled substance in violation of the controlled substance laws of this Tribe. Any person who violates this subsection is guilty of a Class A Misdemeanor.

e) Delivery or sale - It shall be unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a Class A Misdemeanor Approved

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§8-8 TRAFFIC OFFENSES


§8-8-1 Driving Under the Influence of Alcohol or Drugs

a) A person commits the offense of driving while under the influence of alcohol or drugs if that person drives or operates or is in actual physical control of a motor vehicle and meets one of the following:

1) There is a 0.08 percent or more by weight of alcohol in his/her blood; or

2) Is under the influence of alcohol; or

3) Is under the influence of a controlled substance to a degree which renders him/her incapable of safety driving; or

4) Is under the combined influence of alcohol and drugs to a degree which renders him/her incapable of safely driving; or

5) Is under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him/her incapable of safely driving.

b) Upon a first conviction, a person violating this section shall be punished by imprisonment for not more than one (1) year, or by fine of not less than $700.00 nor more than $1,000.00 or by such fine and imprisonment. In addition, the person's driving privileges shall be suspended for a period of ninety (90) days.

c) Upon a second conviction within a five (5) year period, the person convicted shall be punished by imprisonment for not more than one (1) year, or by fine of not less than $1,000.00 nor more than $1,500.00. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment for not less than 48 consecutive hours or community services for not less than twenty (20) days. In addition the person's driving privileges shall be suspended for one (1) year.

d) Upon a third conviction within a five year period, the person convicted shall be punished by imprisonment for not more than one (1) year and a fine not less than $1,500.00 nor more than $2,500.00. The sentence shall include a mandatory sentence of 60 days of imprisonment, which shall not be subject to suspension or probation. In addition, the person's driving privileges shall be suspended for three years.

e) Upon a fourth or subsequent conviction, the person shall be punished by imprisonment of not more than one (1) year and a fine of not less than $2,500.00 nor more than $5,000.00 The sentence shall include a mandatory sentence of 180 days of imprisonment, which is not subject to suspension or probation. In addition the person's driving privileges shall be suspended for five (5) years.

f) Upon any conviction of this section, the person shall be required to complete a DUI court referral program and/or the Poarch Creek Indian Drug Court Program.

g) Reckless Driving or any other traffic offense is a lesser included offense under a charge of driving under the influence of alcohol or drugs.

h) Driving Under the Influence of Alcohol or Drugs is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-8-2 Implied Consent; When Tests Administered; For Refusal to Submit to Test

a) Any person who operates a motor vehicle upon the public highways of this reservation shall be deemed to have given his consent, subject to the provisions of this division, to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highway.

b) Refusal to Submit to Test is a Class A Misdemeanor.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§8-8-3 Leaving the Scene of an Accident

a) A person commits the offense of leaving the scene of an accident if said person after having driven an automobile which is involved in any type of accident, collision or crash leaves the scene of said accident before said accident has been fully investigated by the Tribal Police.

b) It shall not be an offense, however, for a person to leave the scene of an accident for legitimate emergency health care.

c) Leaving the Scene of an Accident is a Class C Misdemeanor.

Approved 1986 Original Code
Initials
              
[Initials on original document.]

 

§8-8-4 Fleeing or Attempting to Elude Police Officer

a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a visual or audible signal to bring the vehicle to a stop as given by a police officer, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren.

b) Fleeing or Attempting to Elude Police Officer is a Class A Misdemeanor.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§8-8-5 Homicide by Vehicle

a) Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any tribal law applying to the operation or use of vehicle or to the regulation of traffic shall be guilty of homicide when such violation is the proximate cause of said death.

b) Homicide by Vehicle is a Class A Misdemeanor.

Approved 8-17-92
Initials
         
[Initials on original document.]

 




PROCESS TO USE TO GET INTO COURT

Approved 11-22-87
Initials
   &nbsp    
[Initials on original document.]

 

CHARGE
CLASS
WARRANT
SUMMONS
ABDUCTION
A
X
MENACING
B
X
RECKLESS ENDANGERMENT
A
X
UNLAWFUL IMPRISONMENT
A
X
ADULTERY
A
X
BIGAMY
A
X
INCEST
A
X
CRIMINAL TAMPERING*
A
X
UNAUTHORIZED USE OF VEHICLE
A*
X
THEFT OF SERVICES
A,B,C
X
CRIMINAL POSSESSION OF FORGED INSTRUMENT*
A
X
OBTAINING SIGNATURE BY DECEPTION
A
X
CRIMINAL IMPERSONATION
A
X
CONTRIBUTING TO THE DELINQUENCY OF A MINOR
A
X
FAILURE TO SEND CHILDREN TO SCHOOL
B
X
ABANDONMENT OF ICEBOXES, REFRIGERATORS AND OTHER SIMILAR CONTAINERS
A
X
COMMUNICABLE DISEASE
A
X
DESECRATION OF FLAG
A
X
REMOVAL OR DESTRUCTION OF ANTIQUITIES
A
X
DEFACING ORIGINAL SIGNS
A
X
LITTERING
A
X
EXTORTION
A
X
CRUELTY TO ANIMALS
A
X
ISSUING BAD CHECKS
A
X
FALSE SWEARING
A
X
UNLAWFUL BURNING
A
X
TAMPERING WITH EVIDENCE
A
X
OFFICIAL MISCONDUCT
A
X
THREATS AND OTHER IMPROPER INFLUENCE IN OFFICE OR OFFICIAL MATTERS
A
X
FALSELY REPORTING INCIDENT
A
X
INTERFERING WITH JUDICIAL PROCEEDINGS
A
X
INTERFERING WITH AN OFFICER
A
X
REFUSING TO AID OFFICER
B
X
THREAT OR INTIMIDATION TO LAW ENFORCEMENT, TRIBAL JUDGE, TRIBAL JUSTICE, TRIBAL COUNCIL MEMBER, OR TRIBAL EMPLOYEE
A
X
HINDERING PROSECUTION*
A
X
BRIBING A WITNESS*
A
X
BRIBE RECEIVING BY A WITNESS*
A
X
INTIMIDATING A WITNESS*
A
X
TAMPERING WITH A WITNESS*
A
X
BRIBING A JUROR*
A
X
BRIBE RECEIVING BY A JUROR*
A
X
INTIMIDATING A JUROR*
A
X
JURY TAMPERING*
A
X
LOITERING*
C
X
OPEN HOUSE PARTIES*
B
X
POSSESSION OF MARIJUANA OR PEYOTE
A
X
UNLAWFUL DISTRIBUTION OF NARCOTICS OR DANGEROUS DRUGS
A
X
UNLAWFUL DISTRIBUTION OF MARIJUANA OR PEYOTE*
A
X
SALE, FURNISHING, ETC. OF NARCOTICS OR DANGEROUS DRUGS, MARIJUANA OR PEYOTE BY PERSONS OVER 18 TO PERSONS UNDER AGE 18
A
X
POSSESSION OF DRUG PARAPHERNALIA*
A
X
FAILURE TO MAKE REQUIRED CHILD ABUSE, NEGLECT OR MOLESTATION REPORTS
A
X
FLEEING OR ATTEMPTING TO ELUDE POLICE
A
X
HOMICIDE BY VEHICLE
A
X
CRIMINAL DOMESTIC ABUSE
A
X
STALKING
A
X

*Approved
Initials
         
[Initials on original document.]

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