Law and Order Code of the Rosebud Sioux Tribe, Title Five

TITLE FIVE - CRIMES

CHAPTER TWO

CATEGORIES OF CRIMES

5-2-1 CLASS C CRIMES-- A Class C crime carries a maximum penalty of a fine not to exceed One Hundred Dollars ($100.00) and court costs.

5-2-2 CLASS B CRIMES-- A Class B crime carries a maximum penalty of a fine not to exceed Five Hundred Dollars ($500.00) and court costs.

5-2-3 CLASS A CRIMES-- A Class A crime carries a maximum penalty of a fine not to exceed Five Hundred Dollars ($500.00) and court costs or a jail term of not to exceed six (6) months or both the fine and the jail term.

5-24 SERVING JAIL TIME IN LIEU OF PAYMENT OF FINE-- In the event that a fine is imposed by the court and the defendant is unable or unwilling to pay the fine, the court may order the same to be served out in jail at the rate of Twenty dollars ($20.00) per day. In addition, if The defendant is willing to work during the period of incarceration either while serving out a fine or serving out a jail sentence, the court may in its discretion grant additional credit against the jail term or fine for the work performed by the defendant during the period of incarceration.

CHAPTER THREE

ATTEMPTS TO COMMIT CRIME

5-3-1 ATTEMPT DEFINED-- PUNISHMENT-- Any person who attempts to commit a rime and in the attempt does any act toward the commission of the crime, but fails or is prevented or is intercepted in the perpetration thereof, is punishable as follows:

(1) If the attempted crime is punishable as a Class A crime, the person guilty of such attempt is punishable by up to one-half of the maximum penalty, either fine or imprisonment, or both, as prescribed upon a conviction for a Class A crime; or

(2) If the attempted crime is punishable as a Class B crime, the person guilty of such attempt is punishable by up to one-half of the maximum penalty, either fine or imprisonment or both, as is prescribed for a Class B crime; or,

(3) If the attempted crime is punishable as a Class C crime, the person guilty of such attempt is punishable by up to one-half of the maximum penalty prescribed for commission of a Class C crime.

5-3-2 DEFENSES NOT AVAILABLE FOR CHARGE OF ATTEMPT-- It is no defense to a charge of attempt that;

(a) The offense attempted was actually committed; or

(b) That in attempting unsuccessfully to commit a crime, the person accused actually accomplished the commission of another and different crime; or

(c) The actor was legally or factually incapable of completing the crime if the crime could have been committed had the circumstances been as the actor believed them to be.

CHAPTER FOUR

GENERAL DEFENSES

5-4-1 CONDUCT FORCED OR UNDER THREAT OF FORCE-- A person may not be convicted of a crime where he engaged in conduct which would otherwise be criminal because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist.

5-4-2 VOLUNTARY INTOXICATION-- No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been in such condition.

CHAPTER FIVE

ASSAULT AND RELATED CRIMES

5-5-1 SIMPLE ASSAULT-- A person is guilty of simple assault if he:

(1) Attempts to cause or knowingly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a dangerous weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily harm, whether or not such harm actually occurs.

Simple assault is a Class B crime.

5-5-2 AGGRAVATED ASSAULT-- A person is guilty of aggravated assault if he:

(1) Attempts to cause serious bodily injury to another, or causes such injury knowingly, under circumstances manifesting extreme indifference to the value of human life; or

(2) Attempts 10 cause, or knowingly cause, bodily injury to another with a dangerous weapon; or

(3) Attempts to cause, or knowingly causes, any bodily injury to a law enforcement officer or judge or magistrate of the Rosebud Sioux Tribal Court; or other public officer of the Rosebud Sioux Tribe, Bureau of Indian Affairs, or Public Health Service while such public officer is engaged in the performance of his duties; or

(4) Assaults another with the intent to commit serious bodily injury which results in serious bodily injury.

Aggravated Assault is a Class A crime.

5-5-3 REASONABLE FORCE DURING ARREST IS NOT ASSAULT-- To use or attempt or offer to use reason able force upon the person of another is not assault when committed by any law enforcement officer in the course of arresting one who has committed a crime and delivering him into custody.

5-5-4 REASONABLE ATTEMPT TO PREVENT CRIME AGAINST PERSONAL PROPERTY NOT ASSAULT-- To use or attempt or offer to use force or violence toward the person of another is not assault when committed by the person about to be injured, or by another person in his aid or defense, in preventing or attempting to prevent a crime against his person or a trespass or other unlawful interference with real or personal property in his unlawful possession, provided that the force or violence used is not more than is reasonably necessary to prevent the crime.

5-5-5 REASONABLE FORCE USED BY A PARENT GUARDIAN, OR TEACHER NOT ASSAULT-- To use or attempt or offer to use force or violence toward the person of another is not assault when committed by a parent or the authorized agent of any parent or by any guardian, teacher, or other school official in the exercise of a lawful authority to restrain or correct his child or ward provided restraint or correction has been rendered necessary by the misconduct of such child or ward or by his refusal to obey the lawful command of such parent or authorized agent, guardian, teacher or other school official and the force or violence used is reasonable in manner and moderate in degree.

CHAPTER SIX

KIDNAPPING AND RELATED OFFENSES

5-6-1 KIDNAPPING-- Any person who shall seize, confine, decoy, abduct, or carry away any per son and hold or detain such person, except in case of an unmarried minor by parent thereof, for any of the following reasons is guilty of kidnapping:

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

(2) To facilitate commission or any crime or flight thereafter; or

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

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

Kidnapping is a Class A crime.

5-6-2 POSSESSION OF RANSOM OR REWARD ILLEGAL-- Any person who receives, possesses, or disposes of any money or any portion of any property, which has at any time been delivered as a ransom or reward in connection with the violation of any statute against kidnapping, knowing the same to be money or property which has been at any time delivered as such ransom or reward, is guilty of a Class A crime.

5-6-3 CUSTODIAL INTERFERENCE-- Any person, whether or not he is the parent of the child involved, is guilty of custodial interference if:

(1) He, knowing that he has no legal right of custody or visitation with said child at that time and place, takes, entices, conceals, or detains a child under the age of 14 years from any person having lawful custody of said child; or

(2) Having actual physical custody of child under the age of 14 years pursuant to a judicial decree of a Court of competent jurisdiction which has granted to another per son visitation or custody rights, and without legal cause, he detains or conceals said child with the intent to deprive said other person of lawful visitation or custody rights; or

(3) Without legal cause he takes, entices, or detains an incompetent or other person who has been committed by legal authority to the custody of a third person or institution from said third person or institution, knowing he has no legal right to do so.

Custodial interference is a Class B crime.

CHAPTER SEVEN

SEX OFFENSES

5-7-1 RAPE-- Rape is an act of sexual penetration accomplished with any person other than the actor's spouse under any or more of the following circumstances:

(1) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or

(2) Where the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or

(3) Where the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent, or because of hypnosis, administered by or with privity of the accused; or

(4) Where the victim is less than 15 years of age.

Rape is a Class A crime.

5-7-2 SEXUAL PENETRATION DEFINED-- Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal opening of another person's body. Practitioners of the healing art lawfully practicing within the scope of their practice are excepted from the provisions of this section.

5-7-3 SEXUAL CONTACT DEFINED-- As used in this chapter, the term "sexual contact", means any touching, not amounting to rape, of the breast of the female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party.

5-7-4 SEXUAL CONTACT WITH A MINOR-- Any person, aged 15 years or more, who knowingly engages in sexual contact with any minor person under the age 15 years, other than his spouse, is guilty of sexual contact with a minor. Sexual contact with a minor is a Class B crime if the act is less than three years older than the minor. If the actor is three years or more older than the minor, then sexual contact with a minor is a Class A crime.

5-7-5 INDECENT EXPOSURE-- A person is guilty of indecent exposure if, for the purpose of arousing or gratifying the sexual desires of any person, he exposes his genitals in such a fashion that they might be reasonably seen by the public.

Indecent exposure is a Class C offense.

5-7-6 INCEST-- A person is guilty of incest if he knowingly cohabits or has sexual penetration or sexual contact with any person he knows to be an ancestor or descendent, brother, sister, aunt, uncle, nephew, niece or first cousin, any of which are either whole or half blood, and without regard to legitimacy or adoption, or with a step-parent or stepchild, while such relationship exists.

Incest is a Class A crime.

5-7-7 KNOWLEDGE OF AGE OF VICTIM IRRELEVANT-- Whenever an element of any crime in this chapter depends upon the age of the victim being less than 15 years, it is no defense that the actor did not know the child's age or reasonably believed the child to be older than age 15.

CHAPTER EIGHT

CRIMES AGAINST THE FAMILY

5-8-1 BIGAMY-- Any person who, while being married to another presently living person, marries any third person, is guilty of bigamy.

It is an affirmative defense to a charge of bigamy that.

(1) The actor's spouse in the former marriage has been absent from the Rosebud Sioux Reservation for over five successive years without being known to be living by the actor; or

(2) The actor's spouse in the former marriage has absented himself or herself from the actor by being outside the United States continuously for over five years; or

(3) The actor's previous marriage has been pronounced void, annulled, or dissolved by a Court of competent jurisdiction.

Bigamy is a Class B crime.

5-8-2 CRIMINAL NON-SUPPORT-- Any person who intentionally fails or refuses without lawful excuse to furnish necessary food, clothing, shelter, medical attention, or other remedial care or means of support for his spouse or minor child under the age of 18, is guilty of criminal non-support.

As used in this section, the word "child" includes any child born out of wedlock whose paternity has been admitted by the actor or has been otherwise acknowledged or established in a civil proceeding.

It is no defense in a prosecution under this section that the spouse or minor child to be supported received necessary support from any source other than the Defendant.

A parent who chooses medical treatment for his minor child by spiritual means alone in lieu of traditional medical attention is not for that reason alone in violation of this section.

In any prosecution under this section against a parent who is not the lawfully appointed custodian of the minor child to be supported, it is an affirmative defense that at the time of trial, the Defendant is current with any and all child support payment obligations imposed upon him by any Court of competent jurisdiction.

Criminal non-support is a Class B crime.

5-8-3 FAILURE TO SEND CHILDREN TO SCHOOL-- Any person who being the parent, guardian, or other person having a child under the age of 18 years in his care, custody or control, shall without good cause, neglect or refuse to send such child to school is guilty of failure to send children to school.

Failure to send children to school is a Class C crime.

5-8-4 CHILD NEGLECT

Any person who shall1 without proper cause, fail to take proper care of or neglect any minor child dependent upon him, including any dependent child born out of wedlock, and he being able to provide proper care, shall be deemed guilty of a Class A offense.

5-8-5 CHILD ABUSE

(1) Any person who shall willfully abuse any minor child, shall be deemed guilty of a Class A offense.

(2) Any person who shall willfully abuse any unborn child by excessive consumption of alcohol or other controlled substance,'said person being the mother of the unborn child, shall be deemed guilty of a Class A offense.

5-8-6 REPORTS OF CHILD ABUSE REQUIRED-- Any physician, dentist, chiropractor, doctor of osteopath, optometrist, psychologist, social worker, law enforcement officer; teacher; school employee or official, nurse, employee of the Public Health Service, licensed or registered child welfare provider; or other person having reasonable cause to suspect that a child under the age of 18 years examined by such person either for care or treatment, or having observed said child in the course of ordinary and usual contact with said child, has been abused or neglected, or has been injured by other than accidental means by any person including a parent or other person responsible for such child's care, shall report or cause reports to be made orally and immediately by telephone or otherwise to the Tribal Prosecutor of the Rosebud Sioux Tribe or to the South Dakota or BIA Department of Social Services, or to the Tribal or BIA Police or to the State's Attorney or County Sheriff of the county in which the child resides, if the child resides outside the Rosebud Sioux Reservation. Such person shall additionally file written reports under oath if requested to do so by the agency to which the suspected abuse has been reported. Failure to comply with this section constitutes the offense of failing to report suspected child abuse.

Failing to report suspected child abuse is a Class B crime.

5-8-7 IMMUNITY FROM LIABILITY FROM REPORTING SUSPECTED CHILD ABUSE-- Any person who in good faith makes a report of suspected child abuse pursuant to Section 5-8-6 above shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the immunity with respect to participation in any judicial proceeding resulting from such report.

5-8-8 PRIVILEGED COMMUNICATIONS NOT AVAILABLE IN DEFENSE OF CHILD ABUSE OR NEGLECT PROCEEDING-- The following evidentiary privileges are not available and may not be claimed in any judicial proceeding involving child abuse or neglect or resulting from the giving of any report concerning a child's injury or neglect or the cause thereof pursuant to section 5-8-7 above, namely;

(1) Physician-patient privilege,

(2) Communications between husbands and wives, or

(3) Communications between teachers and students.

5-8-9 COMPELLING ANOTHER TO MARRY-- Any person who by force, menace, or duress compels another to marry, is guilty of a Class B crime.

CHAPTER NINE

PROSTITUTION AND RELATED OFFENSES

5-9-1 PROSTITUTION-- Any person who:

(1) Is an inmate or resident of a house of prostitution or otherwise engages in sexual penetration for a fee; or

(2) Loiters in or within view of a public place for the purpose of being hired to engage in sexual penetration;

(3) Engages in or offers or agrees to engage in any sexual penetration with another person for a fee; is guilty of prostitution.

Prostitution is a Class B crime.

5-9-2 PIMPING-- Any person who:

(1) Solicits another person to patronize a prostitute; or

(2) Procures or attempts to procure a prostitute for another; or

(3) Transports a person into the Rosebud Reservation to promote that person's engaging in prostitution or procures or pays for said transportation; or

(4) Owns, controls, manages, supervises, or otherwise keeps alone or in association with another; a house of prostitution or a prostitution business, or leases or otherwise permits a place under his control to be used for prostitution or the promotion of prostitution by others; or

(5) Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything forbidden by this section; is guilty of pimping.

Pimping is a Class A crime.

5-9-3 PROCURING, PROMOTING, OR PATRONIZING PROSTITUTION-- Any person who:

(1) Encourages, induces, procures or otherwise purposely causes another to become or remain a prostitute; or

(2) Promotes prostitution of a minor; or

(3) Promotes prostitution of his spouse, child , ward or any person for whose care, protection or support he is responsible; or

(4) Pays or offers to pay another person a fee for the purpose of engaging in sexual penetration; or

(5) Enters or remains in a house of prostitution for the purpose of engaging in sexual penetration - is guilty of a Class A crime.

5-9-4 DEFINITIONS-- The term sexual penetration shall have the same meaning as is used in section 5-7-2 of this Code.

A house of prostitution is any place where sexual penetration or promotion of sexual penetration is regularly carried on by one or more persons for a fee, under the control, management, or supervision of another.

On the issue of whether a place is house of prostitution, the following shall be admissible into evidence, namely its general reputation, the reputation of the persons who reside in or frequent the place, and the frequency, timing or duration of visits by non-residents.

5-9-5 HUSBAND-WIFE PRIVILEGE NOT AVAILABLE-- The husband and wife evidentiary privilege may not claim by any person who is a witness during the prosecution under this chapter.

5-9-6 GIVING VENEREAL DISEASE TO ANOTHER-- Any person who, knowing or having reason to believe he is infected with a venereal disease, shall infect another with said venereal disease is guilty of spreading venereal disease.

Spreading venereal disease to another is a Class C crime.

The Rosebud Sioux Tribal Court shall, upon conviction, have the power to order the medical examination and treatment of the convicted person and may also order and compel the convicted person to disclose confidentially to the appropriate medical authorities the identities of other persons who may have been exposed by the convicted person.

CHAPTER TEN

HOMICIDE

5-10-1 MURDER BY PREMEDITATED DESIGN-- Any person who kills another human being without the authority of law and with a premeditated design to affect the death of the person killed or of any other human being, is guilty of murder.

Murder by premeditated design is a Class A crime.

5-10-2 FELONY MURDER-- Any person who kills another human being while engaged in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, or theft, is guilty of felony murder.

Felony murder is a Class A crime.

5-10-3 MANSLAUGHTER-- Any person who, without a design to affect death:

(1) Kills another human being while engaged in the commission of any crime other than those mentioned in section 5-10-2 above; or

(2) Kills another human being in a heat of passion; or

(3) Kills another human being by means of a dangerous weapon; or

(4) Kills another human being by any act imminently dangerous to others and evincing a disregard of human life; or

(5) Kills another human being by the use of excessive force or more force than was reasonably necessary, either while resisting an attempt by the deceased to commit a crime, or after such attempt shall have failed; is guilty of manslaughter.

Manslaughter is a Class A crime.

5-10-4 VEHICLE HOMICIDE-- Any person who, while under the influence of an alcoholic beverage, intoxicating liquor; a controlled substance, or any other drug or substances, causes the death of another human being by the operation of a motor vehicle in a reckless, negligent, or careless manner; is guilty of vehicle homicide.

For the purpose 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.

Vehicle homicide is a Class A crime.

5-10-6 JUSTIFIABLE HOMICIDE-- Homicide is justifiable when committed by law enforcement officers and by those persons acting by their command and in their aid and assistance, when necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any legal duty, or when necessarily committed in retaking felons who have escaped, or when necessarily committed in arresting felons fleeing from arrest.

5-1-7 REFERRAL TO JUSTICE DEPARTMENT-- No prosecution can be made under this Homicide Chapter unless the case has been submitted to the United States Attorney or other appropriate federal official and the case has been declined for prosecution.

CHAPTER ELEVEN

CRIMES RELATED TO WEAPONS

5-11-1 DEFINITIONS-- The word "firearm" means any weapon from which a projectile or projectiles may be discharged by gunpowder.

The word "gunpowder" includes any propellant that upon oxidation emits heat and light and is commonly used in firearm cartridges.

The word "dangerous weapon" means any firearm, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm.

The word "antique firearm" means any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898 or any replica of such firearm, if such replica has not been designed or redesigned for using rim fire or conventional centerfire fixed ammunition, or uses rim fire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade, or any other firearm which has been permanently altered so that it is incapable of being discharged.

5-11-2 CONTROLLED WEAPON-- Any person who knowingly possesses a controlled weapon is guilty of a Class A crime.

As used in this Section, the word "controlled weapon" includes a firearm silencer; machine gun, short shotgun, or short rifle.

The word "firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver; pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon.

The word "machine gun" means any firearm that automatically discharges two or more cartridges by a single function of the firing device, or is capable of being modified to function as a machine gun.

The word "short shotgun" means a shotgun having a barrel less than 18 inches long or an overall- length of less than 26 inches.

The word "short rifle" means a rifle having a barrel less than 16 inches long or an overall length of less than 26 inches.

5-11-3 EXCEPTIONS TO CONTROLLED WEAPONS STATUTE-- The following persons may lawfully possess a controlled weapon within the Rosebud Reservation, namely:

(1) A person who holds a valid federal license issued pursuant to law for such weapon or has registered such weapon with the proper federal authorities pursuant to law; or

(2) A person who is a law enforcement officer or member of the Armed Forces of the United States acting in the lawful discharge of his duties; or

(3) A person who possesses a controlled weapon briefly after having found it or taken it from an aggressor and is in the process of delivering it to law enforcement officers.

5-11-4 DISCHARGE OF A WEAPON IN A PUBLIC PLACE-- Any person who willfully discharges any firearm, air gun, bow' and arrow, 9r other weapon, in any public place, or in any place where there is any person likely to be endangered thereby, although no injury to any person results, is guilty of discharge of a weapon in a public place.

Discharge of a weapon in public place is a Class A crime.

5-11-5 CARRYING A CONCEALED WEAPON-- Any person, other than a law enforcement officer engaged in the discharge of his duties, who carries, loaded or unloaded, concealed about his per son, any firearm or other dangerous weapon without an appropriate Tribal license, shall be guilty of the crime of carrying a concealed weapon.

Carrying a concealed weapon is a Class B crime.

5-11-6 POSSESSION OF FIREARM BY FELON-- Any person who has been convicted in the Courts of the United States or any state thereof of a felony or has been convicted in the Courts of the Rosebud Sioux Tribe of any Class A crime who has in his possession or under his control a firearm, is guilty of a Class A crime.

This Section shall not apply to any person who has been discharged from prison, jail, probation, or parole for his most recent felony or Class A crime more than 5 years prior to the commission of said crime.

5-11-7 POSSESSION OF FIREARM OR DANGEROUS WEAPON WHILE INTOXICATED-- Any per son who, being under the influence of an alcoholic beverage or controlled substance or drug or medication or any other substance whatever; who has in his possession or under his custody or control any firearm or other dangerous weapon is guilty of possession of a firearm while intoxicated.

Possession of a firearm while intoxicated is a Class C crime if the firearm was unloaded. Possession of a firearm while intoxicated is a Class B crime if the firearm was loaded. Possession of any other dangerous weapon while intoxicated is a Class B crime.

5-11-8 POSSESSION OF FIREARM BY A MINOR-- No person under the age of 16 years may possess or own a firearm without the consent of his parent or guardian and the appropriate license issued by the Rosebud Sioux Tribe.

A violation of this section is a Class B crime.

5-11-9 ANTIQUE FIREARMS EXEMPT-- The restrictions of this chapter shall not apply to antique firearms.

5-11-10 FIREARMS PERMITS-- The Treasurer of the Tribe with the approval of the director of the Department of Natural Resources of the Rosebud Sioux Tribe and the head of the Tribal police may issue permits to persons under the age of 16 but of the age of at least 12 years to carry firearms for hunting purposes only. The fee for the issuance of said permit shall be $5. Said permit shall be effective through age 15.

The Tribal Treasurer's office, with the approval of the Chief Judge of the Tribal Court and the head of the Tribal police force, may issue a license to a person to carry a pistol concealed on or about his person on the Reservation for a period of not more than 2 years from the date of issue, if it appears that the applicant has good reason to fear an injury to his person or his property, or has some other proper reason for carrying a pistol and that he is a suitable person to be so licensed and is not disqualified pursuant to section 5-11-6 of this code. The Treasurer's office will maintain a record of the written applications for said licenses and the applicant will subscribe an oath before the Treasurer that the statements made on the application are true. The fee for issuing such license shall be $25.00.

5-11-11 FORFEITURE OF WEAPONS OR FIREARMS-- Any controlled weapon or firearm or other dangerous weapon used or possessed in violation of the provisions of this chapter shall be forfeited to the Tribe to be destroyed or sold or delivered to the Tribal police for their use or if the same was stolen, returned to the lawful owner upon the proof of ownership. The sale of any such weapons shall be the responsibility of the head of the Tribal police who shall remit the proceeds of any such sale promptly to the Tribal Treasurer's office to be deposited in the general fund. The Tribal Treasurer in addition shall, upon receipt of the funds or upon any notification from Tribal law enforcement officer; cancel any weapons permit that was issued on said weapon.

CHAPTER TWELVE

DESTRUCTIVE DEVICES

5-12-1 DESTRUCTIVE DEVICE DEFINED-- For the purposes of this Section, a "destructive device" is any box, package, contrivance, bomb, or apparatus containing or arranged with an explosive, acid, or poisonous or inflammable substance, chemical or compound, or other dangerous or harmful weapon or thing, constructed, contrived, or arranged so as to explode, ignite, or throw forth its contents, or strike with any of its parts, unexpectedly when moved, handled, or opened, or after the passage of time or under a condition or in a manner calculated to endanger health, life, limb, or property.

5-12-2 PLACING DESTRUCTIVE DEVICE IN VEHICLE-- Any person who with intent to injure or to threaten to injure any person or property places or causes to be placed a destructive device on any motor vehicle, aircraft, watercraft,. railroad, or common carrier or on or about the property of another or in any place where another person is likely to be injured thereby, without lawful authority is guilty of a Class A crime.

5-12-3 POSSESSION OF DESTRUCTIVE DEVICE WITH INTENT TO INJURE-- Any person who has in his possession any destructive device with intent to injure, intimidate or terrify any person, or with the intent to injure or destroy any property without lawful authority is guilty of a Class A crime.

CHAPTER THIRTEEN

VANDALISM AND RELATED CRIMES

5-13-1 VANDALISM-- Any person who, intentionally:

(1) Injures, defaces, damages, or destroys private property in which any other person has an interest without the consent of such other person; or

(2) Damages, defaces, injures, or destroys Tribal or other public property without the lawful consent of the appropriate governing body having jurisdiction thereof;or

(3) Causes or threatens a substantial interruption or impairment of any public utility service, including but not limited to transportation, water supply, gas, power or other utility service; or

(4) Causes a substantial interruption or,impairment in mass communications service or police, fire, or other public service communications or in amateur or citizen's band radio communications being used for public service or emergency communications; or

(5) Deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad track, or at any vehicle while such vehicle is either in motion or stationary; is guilty of vandalism.

Vandalism is a Class C crime if the damage inflicted is $100 or less. Vandalism is a Class B crime if the damage inflicted is more than $100 but $500 or less. Vandalism is a Class A crime if the damage inflicted is more than $500.

CHAPTER FOURTEEN

ESCAPE AND RELATED CRIMES

5-14-1 ESCAPE-- Any person who without lawful permission removes himself from custody, or fails to return to custody following temporary leave granted for a specific purpose or limited period is guilty of escape.

The word "custody" means arrest, detention in any facility for custody of persons under charge or conviction of crime, or any other detention for law enforcement purposes; but "custody" does not include supervision under probation or parole, or limitations incident to release on bail.

Escape is a Class B crime.

If any person convicted under this section is under sentence of imprisonment, his sentence on conviction for escape shall commence following the expiration of the term of the last sentence of his imprisonment.

5-14-2 AIDING AN ESCAPE-- Any person who:

(1) Aids another person to escape from custody; or

(2) Knowingly provides a person in custody with anything which may facilitate such person's escape; or

(3) While in custody, knowingly procures, makes, or possesses anything which may facilitate another's escape; is guilty of aiding an escape.

Aiding an escape is a Class B crime.

5-14-3 PROVIDING CONTRABAND-- Any person who knowingly provides another person in custody with alcoholic beverages, drugs, controlled substances, weapons, firearms, any implement to aid an escape, or any other thing or substance which the actor knows the detainee cannot lawfully possess under the terms of the detainee's custody, is guilty of providing contraband.

Providing contraband is a Class B crime.

CHAPTER FIFTEEN

DOG CONTROL AND RELATED CRIMES

5-15-1 CRUELTY TO ANIMALS-- Any person who intentionally:

(1) Tortures or seriously overworks an animal; or

(2) Fails to provide necessary food, care, or shelter for an animal in his custody or control; or

(3) Abandons an animal in his custody; or

(4) Transports or confines an animal in a cruel manner; or

(5) Kills, injures, or administers a poison to an animal without legal privilege to do so; or

(6) Causes one animal to fight with another;

is guilty of cruelty to animals.

It is a defense to prosecution under this section that the conduct of the actor towards the animal involved was an accepted veterinary practice, or directly related to a bona fide experiment for scientific research, and that the animal being destroyed was destroyed in a manner no more cruel than necessary to accomplish the scientific research involved.

Cruelty to animals is a Class B crime

5-15-2 DOG CONTROL-DEFINITIONS-- The following definitions will apply for this section; namely:

OWNER: Any person or family keeping or harboring a dog or dogs.

AT LARGE: Any dog shall be deemed to be at large when it is off the property of the owner and not under the control of the owner or other competent person.

UNDER CONTROL: A dog is under control within the meaning of this section if said dog is within the property limits of its owner; or if at some other place, said dog is on a leash or under other physical restraint, or if said dog is obedient to the commands of the owner or other person having responsibility for the dog.

DOG POUND: A shelter maintained by the Tribal police for the purpose of securing and caring for any dogs found at large within the boundaries of the Reservation.

5-15-3 ALLOWING DOG TO RUN AT LARGE-- Any person who owns or is responsible for the custody of a dog or dogs and who shall knowingly allow said dog or dogs to be at large is guilty of a Class C crime.

5-15-4 DOG POUND-- Personnel of the Tribal police are hereby authorized to impound any dogs found at large within the boundaries of the Reservation. The Tribal police are further authorized to utilize Tribal Court prisoner labor for the purpose of erecting and maintaining the dog pound and for feeding and caring for impounded dogs until the same are disposed of pursuant to this ordinance.

5-15-5 IMPOUNDMENT FEES-- In addition, and not in lieu of, any penalties or fines which may be imposed for violations of any section of this ordinance, there is hereby imposed a fee of $5.00 against the owner of any dog which has been impounded by the Tribal police, and which shall be known as the impoundment fee.

There is also hereby imposed an additional daily fee in the amount of $1.00 per day against the owner of any dog impounded which fee shall be paid for each and every day or portion thereof for which the dog has been held in the Tribal dog pound. Such fee will be known as the boar ding fee.

The boarding fee and the impoundment fee shall be paid to the Tribal Treasurer's office prior to the Tribal police releasing said dog or dogs from the Tribal dog pound. The receipt for payment in full of the impoundment fee and the boarding fee from the Tribal Treasurer's office shall be the authorization for the Tribal police to release said dog from the Tribal dog pound.

All sums realized from collection of the impoundment fees and the boarding fees shall be remitted to the general fund of the Rosebud Sioux Tribe and shall be used to defray the cost of maintenance of the dog pound and the feeding of the dogs thereby impounded.

5-15-6 IMPOUNDMENT OF RABID OR BITING DOGS-- Any dog which has bitten a human being, or for any other reason is suspect of being rabid or infected by rabies, may be impounded by the Tribal police under such terms and conditions as may be requested of the Tribal police by the Public Health Service or other medical authorities. If the Public Health Service or other medical authorities involved deem it reasonably necessary, the Tribal police are hereby authorized to destroy said dog for the purpose of making a final determination of its status as a rabies carrier or for the purpose of eliminating the dog as rabid.

5-15-7 VACCINATION OF DOGS-- The owner of any dog within the boundaries of the Rosebud shall cause said dog to be vaccinated against rabies within the first six months that said dog is pre sent within the Reservation and shall cause said rabies vaccination to be renewed within every two years thereafter. The owner shall either cause the dog to carry a collar with a tag thereon bearing the date of vaccination or the owner shall preserve a shot record for the dog so that the same can be presented to the Tribal police for inspection at any time upon request. The owner of any dog who fails to comply with the vaccination requirements of this section or to maintain adequate proof of vaccination and present the same to the Tribal police pursuant to this section is guilty of a Class C crime.

In addition, any dog found to be not in compliance with this section shall be impounded by the Tribal police until said dog is in compliance with this section or until otherwise disposed of.

5-15-8 DISPOSITION OF IMPOUNDED DOGS-- At the time any dog is taken into custody by the Tribal police for the purpose of impoundment, said police shall attempt to orally notify the owner of the said animal if the owner can be identified. If the owner of the dog cannot be identified, the Tribal police shall give notice of the impoundment of the dog by posting an official notice in the Tribal building and the Agency offices in Rosebud and by utilizing the local radio station if the same is in operation. The owner of such impounded dog shall have 24 hours from notification within which to pay the impoundment fees and boarding fees as described above and arrange for vaccination of the dog if needed. If such items are not accomplished by the owner within the said 24 hours following notice, then the Tribal police are hereby authorized to sell the dog to any person for the amount of the impoundment fees, boarding fees, and vaccination costs, or in the event no other person is available to purchase said dog, said dog shall be destroyed.

CHAPTER SIXTEEN

PERJURY AND RELATED CRIMES

5-16-1 PERJURY-- Any person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer; or person, in any of the cases in which such an oath may by law be administered, intentionally and contrary to such oath, states any material matter he knows to be false, is guilty of perjury.

A false statement is material, regardless of the admissibility of the statements 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 false statement to be immaterial.

It is no defense to prosecution under this section that the oath or affirmation was ad ministered or taken in an irregular manner or that the declarant was not competent to make the statement.

No person shall be convicted of an offense under this section if he retracted the false statement in the course of the proceedings 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.

An unqualified statement of that which one does not know or reasonably believe to be true is equivalent to a statement of that which one knows to be false.

Perjury is a Class B crime.

5-16-2 FALSE ALARMS-- Any person who knowingly:

(1) Causes a false fire alarm or alarm of other type of emergency to be transmitted to or within any organization, official or volunteer; for dealing with emergencies involving danger to life or property; or

(2) Gives false information to any law enforcement officer with the intent to implicate another in a crime; or

(3) Reports to law enforcement authorities a crime or other incident within their official concern knowing that said crime or incident did not occur; or

(4) Fails or refuses to give his correct name or address to a law enforcement officer in the lawful discharge of his official duties;

is guilty of giving a false alarm.

Giving a false alarm is a Class B crime.

5-16-3 TAMPERING WITH WITNESSES-- Any person who, believing that an official proceeding or investigation is pending or about to be instituted, attempts to induce or otherwise cause a person to:

(1) Testify or inform falsely; or

(2) Withhold any testimony, information, documents, or things of value to the investigation; or

(3) Elude legal process summoning him to testify or supply evidence; or

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

is guilty of tampering with a witness.

Tampering with a witness is a Class A crime.

5-16-4 RETALIATION AGAINST A WITNESS-- Any person who harms another person or property by an unlawful act in retaliation for anything done by said other person or member of his family in a capacity as a witness or informant, is guilty of retaliation against a witness.

Retaliation against a witness is a Class A crime.

5-16-5 SOLICITATION-- Any person who solicits, accepts, or agrees to accept any benefit for doing any of the things prohibited by sections 5-16-1 and 5-16-3 above is guilty of solicitation to tamper with a witness.

Solicitation to tamper with a witness is a Class A crime.

5-16-6 TAMPERING WITH EVIDENCE-- Any person who, believing that an official proceeding or investigation is pending or about to be instituted:

(1) Alters, destroys, conceals, or removes any record, document, or other potential item of evidence with the intent to impair its accuracy or availability in such proceeding or investigation; or

(2) Makes, presents, uses, or offers into evidence as genuine any record, document, or other thing, knowing it to be false and with the intent to mislead the finder of fact in such official proceeding or investigation;

is guilty of tampering with evidence.

Tampering with evidence is a Class A crime.

5-16-7 TAMPERING WITH PUBLIC RECORDS-- Any person who:

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

(2) Makes, presents, or uses any record, document, or other thing knowing it to be false, with the intent that it be taken as a genuine part of information or records referred to in (1) above; or

(3) Intentionally and unlawfully destroys, conceals, removes, or otherwise impairs the accuracy or availability of any record document, or thing, described in (1) above;

is guilty of tampering with public records.

Tampering with public records is a Class A crime.

5-16-8 IMPERSONATING AN OFFICER OR PUBLIC SERVANT-- Any person who falsely pretends to be a public servant or law enforcement officer with the intent to induce another person to submit to such pretended official authority or otherwise to act in reliance upon the pretense to his prejudice, is guilty of impersonating a public servant or officer.

Impersonating a public servant or officer is a Class A crime.

5-1-9 DEFINITIONS-- The word "official proceeding" means any proceeding before a legislative, judicial, administrative or other Tribal or government body or official authorized by law to take evidence under oath or affirmation, including a Notary Public or other person taking evidence in connection with any proceeding described in this sentence.

The word "public servant" means any officer or employee of the Tribe, United States government or any state government, including judges and Tribal leaders, and any person participating as a juror; advisor; consultant, or otherwise, in performing a governmental function, but the term does not include witnesses.

5-16-10 COMPOUNDING A CRIME-- Any person who accepts or offers or agrees to accept any pecuniary benefit as consideration for:

(1) Refraining from seeking prosecution of an offender; or

(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime;

is guilty of compounding a crime.

Compounding a crime carries the same penalty as the crime which was compounded, that is to say, if the principal crime was a Class B crime, the penalty for compounding said crime would also be a Class B crime.

5-16-11 THREATENING OR INTIMIDATING A JUDICIAL OFFICER-- Any person who, directly or in directly, utters or addresses any threat or intimidation to any juror; referee, arbitrator; judge, hearing officer; umpire, assessor; or Tribal official authorized by law to hear or determine any controversy, with the intent to induce him either to do any act not authorized by law, or to omit or delay the performance of any duty imposed upon him by law, or for having performed any duty imposed upon him by law, is guilty of a Class A crime.

5-16-12 ATTEMPTING TO INFLUENCE JUROR AND OTHERS-- Any person who attempts to influence a juror; or any person summoned or drawn as a juror; or chosen as an arbitrator or appointed as a referee or Judge with respect to his verdict or decision in any cause or matter pending before him, or about to be brought before him:

(1) By means of any communication, oral or written, had with him, except in the regular course of proceedings upon the trial of the cause; or

(2) By means of any book, paper; or instrument exhibited otherwise than in the regular course of the proceedings upon the trial of the cause; or

(3) By publishing any statement, argument, or observation relating to the cause;

is guilty of a Class A crime.

5-16-13 AGREEMENT TO GIVE A VERDICT-- Any juror or person drawn or summoned as a juror or referee, arbitrator; judge, hearing officer; or any other person authorized by law to hear or determine a controversy, who makes any promise or agreement to give a verdict for or against any party is guilty of a Class B crime.

5-16-14 RESISTING ARREST-- Any person who, with the intent of preventing a law enforcement officer from affecting an arrest or detention of himself or of any other person, or of discharging any other duty, creates a substantial risk of bodily harm to anyone, or employs a means justifying or requiring substantial force to overcome the resistance, regardless of whether there is a legal basis for the arrest or detention, is guilty of resisting arrest.

Resisting arrest is a Class B crime.

CHAPTER SEVENTEEN

DISORDERLY CONDUCT

5-17-1 DISORDERLY CONDUCT-- Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by:

(1) Engaging in fighting or in violent or threatening behavior; or

(2) Making unreasonable noise; or

(3) Disturbing any lawful assembly or meeting of persons without lawful authority; or

(4) Obstructing vehicular or pedestrian traffic; or

(5) Using abusive, indecent, profane, or vulgar language in a public place, or makes an offensive gesture or display in a public place, which language or gesture tends to incite an immediate breach of the peace; or

(6): Creates by chemical means any noxious order in a public place; or

(7) Displays a firearm or other deadly weapon in a public place; or

(8) Begs in any public place for money or any other thing of value;

is guilty of disorderly conduct.

Disorderly conduct is a Class C crime.

CHAPTER EIGHTEEN

PROTECTIVE CUSTODY AND RELATED ALCOHOL CRIMES

5-18-1 PROTECTIVE CUSTODY-- Any person who appears to be intoxicated by alcohol in a public place and to be in need of help, may be assisted to his home or may be taken into protective custody by law enforcement officers and taken forthwith to the hospital or to a jail for the purposes of detoxification. No person placed in protective custody under this section shall be held for a period exceeding 24 hours. In taking a person into protective custody under this section, the detaining officer may take reasonable steps to protect himself.

A taking into protective custody under this section is not an arrest. No warrants, complaints or summons shall issue pursuant to this section. Law enforcement officers are, however; specifically authorized to maintain records of the identity of persons placed in protective custody and dates thereof under this section for use in alcohol commitment proceedings and any other judicial proceeding where the person's use or abuse of alcohol may be in question.

5-18-2 PUBLIC CONSUMPTION OF ALCOHOL-- Any person who voluntarily consumes any alcoholic beverages, or has in his possession an open package containing any alcoholic beverage in a public place, is guilty of public consumption.

As used in this section, the word "public place" means any property which is not privately owned, or any private property which is ordinarily open to or has free access by the public, and includes any motor vehicle.

Public consumption of alcohol is a Class C crime.

5-18-03 MINOR IN POSSESSION OF ALCOHOL BEVERAGE-- Any person under the age of 18 years who:

(1) Possesses or consumes any beer; wine, ale, whiskey, or any other alcoholic beverage; or

(2) Misrepresents his age for the purpose of buying or otherwise obtaining any alcoholic beverage;

is guilty of minor in possession of an alcoholic beverage.

Minor in possession of an alcoholic beverage is a Class C crime.

CHAPTER NINETEEN

CURFEW

5-19-1 CURFEW VIOLATIONS-- Any person under the age of 18 years who is away from his place of residence in a public place or a private place, other than the place where he intends to spend the night with the permission of the owner of such place and the permission of his parents or guardian, is guilty of curfew violation.

This section shall not apply to those persons accompanied by a parent or guardian; or to persons in attendance at or returning directly home from an organized school, church, or Tribal function.

Curfew violation is a Class C crime.

CHAPTER TWENTY

CONTRIBUTING TO THE DELINQUENCY OF A MINOR

5-20-1 CONTRIBUTING TO THE DELINQUENCY OF A MINOR-- Any person who:

(1) Sells or gives to or otherwise makes any alcoholic beverage available to a person under the age of 18 years; or

(2) By act or omission, encourages, causes, or contributes to the delinquency of a person under the age of 18 years;

is guilty of contributing to the delinquency of a minor.

It is no defense to this section that the person charged did not know or that the minor was in fact under the age of 18 years.

Contributing to the delinquency of a minor is a Class B crime.

CHAPTER TWENTY ONE

DEFRAUDING CREDITORS AND RELATED CRIMES

5-21-1 DEFRAUDING CREDITORS-- Any person who:

(1) Destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a valid security interest, lien, or mortgage, with the intent to hinder enforcement of said security interest, lien, or mortgage; or

(2) Knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors:

(a) Destroys, removes, encumbers, transfers, or otherwise deals with any property with the intent to defeat or obstruct the operation of any law relating to administration of property for the benefit of creditors; or

(b) Knowingly falsifies any writing or record relating to said property; or

(c) Knowingly misrepresents or refuses to disclose to any person entitled to ad minister property for the benefit of creditors, the existence, amount, or location of said property, or any other information which the actor could legally be required to furnish in relation to such administration;

is guilty of defrauding creditors.

Defrauding creditors is a Class A crime.

5-21-2 MAKING A FALSE CREDIT REPORT-- Any person who knowingly makes a materially false or misleading statement in writing for the purpose of obtaining property or credit or an extension of credit for himself or another person or to keep some other person from obtaining property or credit or an extension of credit is guilty of making a false credit report.

Making a false credit report is a Class B. crime.

5-21-3 UNAUTHORIZED TRANSFER OF MORTGAGED PROPERTY-- Any person who owns, or has under his possession or control, any personal property which is the subject of a valid and en forcible security interest or other lien, and with respect to said property commits any of the following; namely:

(1) Willfully destroys, conceals, sells, or in any other manner disposes of or materially injures any part of said property without the written consent of the then holder of such security interest or other lien; or

(2) Willfully abandons said property without first giving written notice to the then holder of said security interest or other lien, of his intention to abandon such property; or

(3) When said property consists of livestock, willfully fails to notify the hold of said security interest or other lien upon such livestock of the death of any such livestock immediately after the death of said livestock; or

(4) Removes any part of said property to a point outside the Rosebud Sioux Tribe Reservation without the written consent of the then holder of the security interest or other lien;

is guilty of unauthorized transfer of mortgaged property.

Unauthorized transfer of mortgaged property is a Class A crime.

Paragraph (4) above shall not be applicable to motor vehicles used primarily for personal transportation or business which are temporarily off the Reservation in accordance with the usual and customary business or personal transportation practices of the person who would other wise be required to obtain permission to remove said vehicle from the Reservation.

CHAPTER TWENTY-TWO

ARSON AND RELATED OFFENSES

5-22-1 ARSON-- Any person who intentionally sets fire to or burns or causes to be burned any structure or other real or personal property not his own without the consent of the owners thereof, is guilty of arson.

Where the value of the property burned or damaged by fire is less than $100, arson is a Class B crime.

Where the value of the property burned or damaged by fire is $100 or more but less than $200, arson is a Class B crime.

Where the value of the property burned or damaged by fire is greater than $200, arson is a Class A crime.

5-22-2 BURNING TO DEFRAUD INSURER-- Any person who, with the intent to injure or defraud an insurer, sets fire to or burns or causes to be burned any real or personal property of any kind, whether said property belongs to himself or any other person, which property is insured against fire, is guilty of a Class A crime.

5-22-3 OWNER OF PROPERTY DEFINED-- For the purposes of this chapter, the owner of any property includes all persons who have a legal or equitable interest in the property.

5-22-4 RECKLESS BURNING-- Any person who:

(1) Recklessly starts, or causes a fire to be started, which endangers human life; or

(2) Damages property of another by reckless use of fire; or

(3) Having started a fire, whether recklessly or not, and knowing that said fire is spreading and will endanger lives or property of another; either fails to take reasonable measures to put out or control said fire or fails to give a prompt fire alarm, is guilty of reckless burning.

Reckless burning is a Class B crime.

CHAPTER TWENTY-THREE

BURGLARY AND RELATED OFFENSES

5-23-1 BURGLARY-- Any person who enters or remains in any structure with the intent to commit any crime therein is guilty of burglary.

Burglary is a Class A crime.

The following affirmative defenses may be asserted by the Defendant in a burglary charge, namely;

(1) That the premises involved were at the time open to the public; or

(2) That the Defendant had at the time permission or a privilege to enter the structure.

5-23-2 SIMPLE TRESPASS-- Any person who, knowing he is not privileged to do so, enters or remains in any place where notice against trespass is given by:

(1) Actual communication to the actor by the owner of the premises or by any other authorized person; or

(2) Posting of signs reasonably likely to come, to the attention of intruders; or

(3) Fencing or other type enclosure which a reasonable person would recognize as being designed to exclude intruders; is guilty of simple trespass.

Simple trespass is a Class C crime.

5-23-3 DEFENSES TO SIMPLE TRESPASS-- The following are affirmative defenses to simple trespass, namely:

(1) That the premises were at the time open to the members of the public; or

(2) That the actor reasonably believed that the owner of the premises, or other authorized person, would have permitted him to enter or remain.

5-23-4 AGGRAVATED TRESPASS-- Any person who, knowing that he is not privileged to do so, enters or remains upon property under circumstances not amounting to burglary, with the intent to commit a crime thereon, is guilty of aggravated trespass.

Aggravated trespass is a Class B crime.

CHAPTER TWENTY-FOUR

ROBBERY

5-24-1 ROBBERY DEFINED-- Any person who intentionally takes personal property, regardless of value, in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear; is guilty of robbery.

Robbery is a Class A crime.

It is an affirmative defense to a charge of robbery that the actor has the right to take the property pursuant to legal process or otherwise pursuant to law.

5-24-2 TYPES OF FORCE OR FEAR NECESSARY TO CONSTITUTE ROBBERY-- To constitute robbery, the amount or degree or force or fear employed is immaterial. However; the force or fear must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If force or fear is employed merely as a means of escape, it does not constitute robbery.

The fear which constitutes an element of the offense of robbery may be either:

(1) The fear of an injury, immediate or future, to the person or property of the person robbed, or of any relative of his or member of his family; or

(2) The fear of an immediate injury to the person or property of anyone in the company of the person robbed at the time of the robbery.

5-24-3 TAKING WITHOUT KNOWLEDGE OF VICTIM IS NOT ROBBERY-- The taking of property from the person of another or in his immediate presence is not robbery when it clearly appears that the taking was fully completed without his knowledge.

CHAPTER TWENTY-FIVE

THEFT AND RELATED CRIMES

5-25-1 THEFT DEFINED-- Any person who takes, steals, obtains,. or exercises control over property of another with the intent to deprive the owner thereof, is guilty of theft.

5-25-2 CATEGORIES OF THEFT-- Theft of any property or services under this chapter shall be punishable as follows:

(1) If the value 9f the property or services involved is less than $ 50, the theft shall be a Class C crime.

(2) If the value of the property or services involved is $50 or more but less than $200, theft shall be a Class B crime.

(3) If the value of the property or services involved is $200 or more, theft shall be a Class A crime.

If no evidence as to the value of the property or services involved is presented and the value of such is not obvious without presentation of such evidence, and if it is otherwise proven that theft has been committed, the crime shall be a Class C crime.

5-25-3 THEFT BY FRAUD-- Any person who obtains property of another by fraud is guilty of theft. A person commits fraud if he intentionally, regarding a matter material to the transaction:

(1) Creates or reinforces a false impression, including false impression as to law, value, intention or other state of mind; but fraud as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; or

(2) Prevents another from acquiring information which would affect his judgement regarding a transaction; or

(3) Fails to correct a false impression which the actor previously created or reinforced, or which the actor knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or

(4) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of public record.

The term "fraud" does not, however; include matters having no pecuniary significance, or mere puffing by statements unlikely to deceive ordinary persons.

5-25-4 THEFT BY EXTORTION-- Any person who obtains or exercises control over property of another with the intent to deprive the owner thereof by extortion is guilty of theft.

Extortion occurs when a person threatens to:

(1) Inflict bodily injury on any person or commit any other criminal offense; or

(2) Accuse anyone of a criminal offense; or

(3) Take or withhold action as an official, or cause an official to take or withhold action; or

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

(5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the' group in whose interest the actor purports to act; or

(6) Testify or provide information, or withhold testimony or information, with respect to another's legal claim or defense; or

(7) Inflict any other harm which would not benefit the actor but' which would substantially harm any other person with respect to that' person's health, safety, business, calling, career; financial condition, reputation, or personal relationship.

It is an affirmative defense to prosecution based upon paragraphs (2),(3), or (4) of this Section, that the property obtained was honestly due as restitution or indemnification for harm done in the circumstances to which the threat of accusation, exposure, or official action related, or as compensation for a legitimate debt.

5-25-5 THEFT OF LOST, MISLAID, OR MISTAKENLY DELIVERED PROPERTY-- Any person who comes into control or possession of property of another; and knowing or reasonably believing that said property has been lost, mislaid, or delivered under a mistake as to the nature or amount of property or the identity of the recipient, and with the intent to deprive the owner thereof, fails to take reasonable measure to restore the property to the persons entitled thereto, is guilty of theft.

5-25-6 RECEIVING STOLEN PROPERTY-- Any person who receives, retains, or disposes of property of another, knowing that said property has been stolen, or believing that said property has probably been stolen, unless said property is received, retained, or disposed of, with the intent to restore the same to the owner thereof, is guilty of theft.

5-25-7 THEFT OF SERVICES-- Any person who intentionally:

(1) Obtains services which he knows are available only for compensation by fraud, extortion, force, or any other means designed to avoid the regular payment therefore; or

(2) Having control over the disposition of services of other, to which he is not entitled, diverts such services to his own benefit, or to the benefit of another not entitled thereto;

is guilty of theft.

When compensation for services is ordinarily paid immediately upon the rendering of such services, refusal to pay, or absconding without payment or offer to pay, gives rise to a presumption that the service was obtained by fraud as to the intent to pay.

The word "services" includes, but is not limited to labor; professional services, telephone or other public service, accommodation in motels, restaurants or elsewhere, admissions to places for which a charge for admission is made, the use of vehicles, or use of any other movable or real property.

5-25-8 THEFT BY EMBEZZLEMENT-- Any person, who has been entrusted with property belonging to another, who, with the intent to benefit any person not entitled to benefit from said property, appropriates said property to his own use or to a use or a purpose not in the due and lawful execution of his trust, is guilty of theft by embezzlement. A distinct act of taking is not necessary to constitute theft by embezzlement.

A person is "entrusted with property of another" if he has possession or control of:

(1) Real or personal property owned in whole or in part by a deceased person and which property is the proper subject of an estate proceeding; or

(2) Real or personal property, the legal title to which is in the Rosebud Sioux Tribe or any subdivision thereof, the United States of America or any subdivision thereof, of of any financial institution; or

(3) Real or personal property, the legal title to which is in any person other than the actor; and which property is not subject to a lien or security interest in favor of the actor.

5-25-9 THEFT BY CREDIT CARD-- Any person, who, by use of a credit card issued to another person, without the consent of the person to whom issued, or by use of a credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit credit card, obtains property or services on credit, is guilty of theft.

5-25-10 GENERAL DEFENSE TO THEFT-- It is an affirmative defense to any prosecution for:theft that the Defendant acted under an honest claim of right to the property or service involved, or that he had a right to acquire or dispose of said property or service as he did.

It is not a defense to theft that the actor has an interest in the property or services taken if any other person also has an interest that the actor is not entitled to infringe upon.

5-25-11 RECENT POSSESSION OF STOLEN PROPERTY MAY BE THEFT-- Possession of property recently stolen, when no satisfactory explanation of such possession is made or available, shall give rise to a presumption that the person in possession of said property stole the same.

CHAPTER TWENTY-SIX

FORGERY AND RELATED CRIMES

5-26-1 FORGERY DEFINED-- Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes such an instrument, is guilty of forgery.

Forgery is a Class A crime.

5-26-2 CRIMINAL SIMULATION-- Any person who with the intent to defraud, makes, alters, completes, or attempts to sell or circulate as genuine, any object other than a written instrument, so that the same appears to have value because of antiquity, rarity, source, or authorship which it does not actually possess, is guilty of criminal simulation.

Criminal simulation is a Class B crime.

5-26-3 POSSESSING, FILING, OR RECORDING OF FORGED INSTRUMENTS-- Any person who, with intent to defraud, knowingly offers for recording as a public record, possesses, or offers for filing with the Tribal Court or any public agency or the Rosebud Sioux Tribe or the United States of America or any of its political subdivisions, a forged instrument or false instrument is guilty of filing, recording, or possessing a forged instrument.

Filing, recording, or possessing a forged instrument is a Class A crime.

CHAPTER TWENTY-SEVEN

BAD CHECKS

5-27-1 CHECK DEFINED-- As used in this chapter; the word "check" means any check, draft, order; or other commercial device which orders a financial institution to pay a certain sum of money upon its presentation to said financial institution.

5-27-2 ISSUING BAD CHECKS-- Any person who issues or passes a check for any of the follow mg purposes, namely:

(1) To then and there obtain money, property or other thing of value; or

(2) To pay for rent, wages, salary, taxes due the Rosebud Sioux Tribe or the United States of America or any of its subdivisions, or as payment for services ordinarily paid immediately upon the rendering of such service, knowing or believing that said check will not be honored by the financial institution upon which the same was drawn, is guilty 'of issuing bad checks.

Issuing bad checks is a Class B crime if the check upon which the prosecution is based was returned because of insufficient funds in the account upon which the same was drawn.

Issuing bad checks is a Class A crime if the check upon which the prosecution was based is returned form the financial institution because no account existed in the financial institution against which the check was drawn at the time the check was passed.

5-27-3 JURY INSTRUCTIONS REGARDING BAD CHECKS-- In any prosecution for bad checks where the same is tried to a jury, the jury shall be instructed that where a check in evidence was returned from the financial institution because of insufficient funds in the account against which it was, drawn, or because no account existed in the financial institution against which the check was drawn at the time the check was passed, such evidence is sufficient upon which to base a, conviction of bad checks unless such return by the financial institution is satisfactorily explained by the facts and circumstances brought out at the trial.

The jury shall also be instructed that no person can be convicted of issuing bad checks where the evidence establishes that the check was post dated, or was a "hold" check, or was issued in payment for credit previously negotiated or arranged.

CHAPTER TWENTY-EIGHT

DRUGS AND CONTROLLED SUBSTANCES

5-28-1 DEFINITIONS-- The following definitions are applicable to this section:

(1) "Controlled substances" means a drug,