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SISSETON-WAHPETON SIOUX TRIBE

 

CHAPTER 25

CODE OF TRIBAL OFFENSES

25-01-01 DEFINITION, CLASSIFICATION AND APPLICATION
No act or omission shall be deemed criminal or punishable except as prescribed or authorized by the Sisseton-Wahpeton Sioux Tribal Code.

25-01-02 Crimes are either felonies or misdemeanors. A felony is a crime which is or may be punishable by imprisonment in a State or Federal penitentiary. Every other crime is a misdemeanor. All offenses prescribed under this Code are misdemeanors.

25-02-01 Wherever used in this Code, unless the context otherwise plainly requires, the following terms shall mean;

25-02-02 When applied to the intent with which an act is done or committed;

25-02-03 Corruptly - imports a wrongful design to acquire some pecuniary advantage to the person guilty of the act or omission referred to.

25-02-04 Knowingly - imports only a knowledge that the facts exist which bring the act or omission within the provisions of any ordinance. It does not require knowledge of the unlawfulness of such act or omission.

25-02-05 Malice and Maliciously - import a wish to vex, annoy or injure another person, established either by proof or presumption of law.

25-02-06 Neglect Negligence Negligent and Negligently - import a want of such attention to the nature or probable consequences of the act or omission which a prudent man ordinarily bestows in acting in his own concerns.

25-01-07 Willfully - implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate the law, or to injure another, or to acquire any advantage.

25-02-08 Bribe - signifies any money, goods, right in action, property, things or advantage, present or prospective, asked, promised, given or accepted with a corrupt intent unlawfully to influence the recipient or prospective recipient in his action, vote, or opinion in any public or official capacity.

25-02-09 Signature - includes any name, mark, or sign written with intent to authenticate any instrument or writing.

25-02-10 Offense - is an act forbidden by this Code and to which is annexed, upon conviction, one or more of the following punishments:

1. Imprisonment
2. Fine
3. Removal from Office
4. Disqualification to hold enjoy any office of honor, trust or profit under the Sisseton-Wahpeton Sioux Tribe.
5. All other sentences deemed appropriate by the Court.

25-02-11 Persons - includes any individual of Indian descent, and non-Indian who consents to the jurisdiction of the Tribal Court.

25-02-12 Principals - are all persons concerned in the commission of an offense, whether they directly commit the act constituting the offense, or aid and abet in its commission, even though not present.

25-03-01 PARTIES, PERSONS CAPABLE OF COMMITTING OFFENSES
All Indians and non-Indians who consent to the jurisdiction of the Tribal Court, are capable of committing offenses of this Code, except those belonging to the following classes:

1. Children under the age of twelve (12) years.
2. Children of the age of twelve (12) years but under the age of sixteen (16) years, in the absence of proof that at the time of the committing of the act or neglect charged against them they knew of its wrongfulness.
3. Idiots and Incompetent Persons

25-04-01 AIDING COMMISSION OF AN OFFENSE
Whenever an act is declared an offense and not punishment for counseling or aiding in the commission of such act is expressly prescribed by ordinance, every Indian who conceals or aids another in the commission of such act is guilty of an offense, and punishable under Section 25-06-03 of this Chapter.

25-05-01 DEFENSE
Intoxication Effect as Defense. No act committed by an Indian while in a state of voluntary intoxication shall be deemed less of an offense by reason of his having been in such condition.

25-05-02 Whenever it appears that the accused has already been acquitted or convicted upon any criminal prosecution under the laws of the State of South Dakota of the U. S. Government founded upon the act or omission in respect to which he is on trial, this is a sufficient defense.

25-05-03 All standard legal defenses shall be acceptable in proceedings in the Tribal Court, including the defense of restitution.

25-06-01 PUNISHMENT
The punishments prescribed by this Code can be inflicted only upon a legal conviction in the Sisseton-Wahpeton Sioux Tribal Court. Upon such conviction a duty devolves upon the Court to pass sentence, to determine and impose the punishment prescribed. Subject to the provisions relating to indeterminate sentences, whenever punishment is left undetermined between certain limits, the Court shall determine the punishment within such limits.

25-06-02 The following persons are liable to punishment under the ordinances of the Sisseton-Wahpeton Sioux Tribal Code:

1. All Indians under the jurisdiction of the Sisseton-Wahpeton Sioux Tribal Court, and non-Indian who consent to such jurisdiction, who commit in whole, or in part, any offense with the Lake Traverse Indian Reservation.
2. Any Indian who commits the offense of ABDUCTION contrary to the ordinances of the Reservation where such act is committed and brings, sends, or conveys such person within the limits of this Reservation, and who is afterwards found herein.
3. Whenever any Indian, who has passed his seventeenth (17th) birthday is convicted of an offense punishable by confinement of jail, the Court may, in its discretion, sentence the person so convicted to confinement in the appropriate jail.

25-06-03 Offense - General Penalty Prescribed Except in cases where a different penalty is prescribed by this Code, every act declared to be an offense is punishable by imprisonment not to exceed One (1) year incarceration, or to a fine not to exceed $5,000.00, or both; or when Court deems appropriate, a suitable punishment of restitution.

25-07-01 CONTEMPT OF COURT
Any Indian guilty of any contempt of court of any of the following kinds is guilty of an offense:

1. Disorderly, contemptuous, or insolent behavior, committed during the sitting of the Tribal Court, in immediate view and presence of the Court, -and directly tending to interrupt its proceedings or to impair the respect due to its authority.
2. Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the Court.
3. Willful disobedience of any process or order lawfully issued by the Court.
4. Resistance willfully offered by any Indian to the lawful order or process of any Court.
5. The contumacious and unlawful refusal of any-Indian to be sworn or affirmed as a witness, or when so sworn or affirmed, like refusal to answer any material question, unless said question is self-incriminating and the witness is not the defendant.
6. The publication of a false or grossly inaccurate report of the proceedings of any Court.

25-07-02 But no person can be punished as for a contempt, in publishing a true, full and fair report of any trial, argument, decision or proceeding had in Court.

25-08-01 CLASSIFICATION OF OFFENSES

CLASS ONE (1) MISDEMEANORS: Maximum Sentence:
One (1) Year incarceration, $5,000.00 fine, or both.**
CLASS A MISDEMEANORS:
Maximum Sentence: Eight 8 Months Incarceration, $1,000.00
fine, or both.**
CLASS B MISDEMEANORS: Maximum Sentence:
Four (4 ) M o n t h s incarceration, $400.00 fine, or both.**
CLASS C MISDEMEANORS: Maximum Sentence:
Three (3) Months incarceration, $250.00 fine, or both.**
CLASS D MISDEMEANORS: Maximum Sentence:
Forty-Five (45) days incarceration, $100.00 fine, or both.**
CLASS E MISDEMEANORS: Maximum Sentence:
Fifteen (15) days incarceration, $50.00 fine, or both.

**As provided for in these Codes, the Court, in its discretion, may also order restitution and/or work for the benefit of the Tribe.

CLASS F MISDEMEANORS: Maximum Sentence: 75.00 fine.
CLASS G MISDEMEANORS: Maximum Sentence: $50.00 fine.
SPECIAL CLASS MISDEMEANORS: Sentence to imprisonment, fine, or work.

25-08-02 No Section of this Code shall prohibit the Court from imposing any sentence, deemed more appropriate than imprisonment or a fine, under the circumstances of a particular case. Sentences may include for example:

1. Commitment to a rehabilitation program,
2. Work for the benefit of the Tribe,
3. Restitution, etc.

25-09-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.

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